Alexander v. Warr et al (INMATE 1)

Filing 18

ORDER that: 1. The Recommendation 15 of the Magistrate Judge is ADOPTED; 2. The motion to dismiss filed by the defendants is GRANTED to the extent the defendants seek dismissal of this case due to the plaintiff's failure to properly exhaust a n administrative remedy currently available to him at the Russell County Jail; and 3. This case is DISMISSED without prejudice pursuant to the provisions of 42 U.S.C. § 1997e(a) for the plaintiff's failure to exhaust an administrative remedy presently available to him at the Russell County Jail. A separate judgment shall issue. Signed by Honorable Judge Truman M. Hobbs on 1/30/2013. (jg, )

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA EASTERN DIVISION CHARLES GRANT ALEXANDER, Plaintiff, v. DR. S. WARR, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CASE NO. 3:12-CV-573-TMH ORDER The Magistrate Judge entered a Recommendation (Doc. 15) 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. 15) of the Magistrate Judge is ADOPTED; 2. The motion to dismiss filed by the defendants is GRANTED to the extent the defendants seek dismissal of this case due to the plaintiff's failure to properly exhaust an administrative remedy currently available to him at the Russell County Jail; and 3. This case is DISMISSED without prejudice pursuant to the provisions of 42 U.S.C. ยง 1997e(a) for the plaintiff's failure to exhaust an administrative remedy presently available to him at the Russell County Jail. A separate judgment shall issue. Done this the 30th day of January, 2013. /s/ Truman M. Hobbs TRUMAN M. HOBBS SENIOR UNITED STATES DISTRICT JUDGE

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