Moreland v. Peatry (INMATE 2)(LEAD)

Filing 29

ORDER ADOPTING 28 Recommendation of the Magistrate Judge; ORDERED that the Dft's 18 Motion to Dismiss is GRANTED; this case is DISMISSED with prejudice under 42 USC § 1997e(a) for Plf's failure to exhaust an available administrative remedy prior to filing suit; and no costs be taxed herein. Signed by Honorable Judge Truman M. Hobbs on 11/26/2013. (wcl, )

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION DEVON FRED MORELAND, ) ) ) ) ) CIVIL ACTION NO.: 3:11-CV-969-TMH ) ) ) ) Plaintiff, v. LT. PETREY, Defendant. ORDER The Magistrate Judge entered a Recommendation (Doc. 28) 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 the Defendant’s Motion to Dismiss (Doc. 18) is GRANTED; this case is DISMISSED with prejudice under 42 U.S.C. § 1997e(a) for Plaintiff’s failure to exhaust an available administrative remedy prior to filing suit; and no costs be taxed herein. A separate judgment shall issue. Done this 26th day of November, 2013. /s/ Truman M. Hobbs ________________________________________ SENIOR UNITED STATES DISTRICT JUDGE

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