Skipper v. Lee County Sheriff Dept et al (INMATE 2)

Filing 48

ORDER that the 47 the Recommendation is ADOPTED, and it is hereby ORDERED as follows: 1) Dft Williams is DISMISSED without prejudice due to failure to effect service on him in accordance with applicable procedural rules; 2) Dfts' 31 Motion t o Dismiss is GRANTED to the extent that Dfts seek dismissal of this case due to Plf's failure to exhaust an administrative remedy available to him at the Lee County Detention Center prior to initiating this action; 3) This case is DISMISSED with prejudice pursuant to 42 USC § 1997(c)(a) for Plf's failure to properly exhaust an administrative remedy available to him at the Lee County Detention Center; 4) No costs are taxed. Signed by Honorable Judge W. Harold Albritton, III on 8/31/2015. (wcl, )

IN THE UNITED STATES DISTRICT COURT
FORTHE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION

JESSE WAYNE SKIPPER, II,
Plaintiff,
vs.
JAY JONES, SHERIFF LCSO, et al.,
Defendants.

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CASE NO. 3:12-cv-648-WHA
(WO)

ORDER
No timely objection having been filed by the Plaintiff to the Recommendation of the
Magistrate Judge (Doc. #47), entered on August 5, 2015, and following a review of the file in
this case, the Recommendation is ADOPTED, and it is hereby ORDERED as follows:
1. Defendant Williams is DISMISSED without prejudice due to failure to effect service
on him in accordance with applicable procedural rules.
2. Defendants’ Motion to Dismiss (Doc. #31) is GRANTED to the extent that
Defendants seek dismissal of this case due to Plaintiff’s failure to exhaust an administrative
remedy available to him at the Lee County Detention Center prior to initiating this action.
3. This case is DISMISSED with prejudice pursuant to 42 U.S.C. § 1997(c)(a) for
Plaintiff’s failure to properly exhaust an administrative remedy available to him at the Lee
County Detention Center.
4. No costs are taxed.

DONE this 31st day of August, 2015.

/s/ W. Harold Albritton
W. HAROLD ALBRITTON
SENIOR UNITED STATES DISTRICT JUDGE