Moreland v. Lockhart (INMATE 2)

Filing 35

ORDER ADOPTING 34 Recommendation, and it is hereby ORDERED as follows: 1. Defendant's Motions to Dismiss (Docs. 19 , 31 , and 32 ) are GRANTED to theextent Defendant seeks dismissal of this case due to Plaintiffs failure to properly exhaust an administrative remedy available to him at the Chambers County Jail prior to initiating this cause of action. 2. This case is DISMISSED with prejudice under 42 U.S.C. § 1997e(a) for Plaintiffs failure to properly exhaust an administrative rem edy available to him at the Chambers CountyJail. 3. No costs are taxed. Signed by Honorable Judge W. Harold Albritton, III on 1/12/2016. (dmn, ) (Main Document 35 replaced on 1/12/2016 due to wrong pdf attached.) (dmn, ). Modified on 1/12/2016 (dmn, ).

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

DEVON FRED MORELAND,
Plaintiff,
vs.
SHERIFF SID LOCKHART,
Defendant.

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CASE NO. 3:12cv-961-WHA
(WO)

ORDER
This case is before the court on the Recommendation of the Magistrate Judge (Doc. #34),
entered on December 17, 2015. There being no timely objection filed to the Recommendation,
and after a review of the file, the Recommendation is ADOPTED, and it is hereby ORDERED as
follows:
1. Defendant’s Motions to Dismiss (Docs. # 19, #31, and #32) are GRANTED to the
extent Defendant seeks dismissal of this case due to Plaintiff’s failure to properly exhaust an
administrative remedy available to him at the Chambers County Jail prior to initiating this cause
of action.
2. This case is DISMISSED with prejudice under 42 U.S.C. § 1997e(a) for Plaintiff’s
failure to properly exhaust an administrative remedy available to him at the Chambers County
Jail.
3. No costs are taxed.

DONE this 12th day of January, 2016.

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