Williams v. Tallapoosa County Jail et al (INMATE 2)

Filing 46

ORDER directing that, after a review of the 45 Recommendation, and after an independent review of the entire record, it is ORDERED that: (1) The 45 Recommendation of the Magistrate Judge is ADOPTED; (2) Defendants' motion for summary judgmen t (Docs. 27 & 35 ) is GRANTED to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy previously available to him at the Tallapoosa County Jail; and (3) This case is DISMISS ED with prejudice under 42 U.S.C. § 1997e(a) for Plaintiff's failure to exhaust an administrative remedy available to him during his confinement in the Tallapoosa County Jail. Signed by Honorable Judge W. Harold Albritton, III on 1/8/13. (scn, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION DARRYL O’NEIL WILLIAMS, Plaintiff, v. JIMMY ABBETT, et al., Defendants. ) ) ) ) ) CIVIL ACTION NO. 3:10-CV-720-WHA ) ) (WO) ) ) ORDER The Magistrate Judge entered a Recommendation (Doc. 45) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the court finds that the Recommendation should be adopted. Accordingly, it is ORDERED that: 1. The Recommendation (Doc. 45) of the Magistrate Judge is ADOPTED; 2. Defendants’ motion for summary judgment (Docs. 27 & 35) is GRANTED to the extent Defendants seek dismissal of this case due to Plaintiff’s failure to properly exhaust an administrative remedy previously available to him at the Tallapoosa County Jail; and 3. This case is DISMISSED with prejudice under 42 U.S.C. § 1997e(a) for Plaintiff’s failure to exhaust an administrative remedy available to him during his confinement in the Tallapoosa County Jail. A separate judgment shall issue. Done this 8th day of January, 2013. /s/ W. Harold Albritton SENIOR UNITED STATES DISTRICT JUDGE 2

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