Wright v. Logan et al (INMATE 1)

Filing 49

ORDER: Based upon an independent and de novo review of the 48 Recommendation, see 28 U.S.C. § 636(b), it is ORDERED that: 1. To the extent the Magistrate Judge recommended dismissal, the Recommendation of the Magistrate Judge is ADOPTED; 2. The Motion to Dismiss (Doc. 22 ) is GRANTED; 3. This case is DISMISSED without prejudice; 4. No costs are taxed. A separate Final Judgment will be entered in accordance with this order. Signed by Honorable Judge R. Austin Huffaker, Jr on 2/6/2024. (DMN) (Main Document 49 replaced on 2/6/2024) (DMN). Modified on 2/6/2024 to correct signature date from 2/6/2023 to 2/6/2024 and to include text regarding motion to dismiss on pdf and corrected docket text. (DMN)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
EASTERN DIVISION
BRYAN L. WRIGHT,
Plaintiff,
v.
REGINALD LOGAN, et al.,
Defendants.

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) CASE NO. 3:20-CV-878-RAH-CSC
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ORDER

Before the court is the Magistrate Judge’s Report and Recommendation filed
January 9, 2024 (Doc. 48), to which no objections have been filed. The Magistrate Judge
recommended that Plaintiff Bryan L. Wright’s claims of deliberate indifference and
excessive force be dismissed with prejudice due to his failure to exhaust his
administrative remedies during his confinement in the Russell County Detention Center.
There are no objections.
Because the Plaintiff failed to comply with the Russell County Detention Center’s
grievance procedure concerning his claims of deliberate indifference and excessive force,
jail officials were not afforded an opportunity to take any corrective action concerning his
claims before he filed the present action. Consequently, this Court finds the Plaintiff’s
claims are due to be dismissed without prejudice for his failure to exhaust his
administrative remedies as required by 42 U.S.C. § 1997e(a). See, e.g., Zavala v. Ward,
No. 5:19-cv-383-TES-CHW, 2021 WL 1621293 (M.D. Ga., Feb. 5, 2021) (excessive
force claim dismissed without prejudice for failure to exhaust where parties disputed

whether plaintiff fabricated a receipt for a grievance appeal, but records demonstrated
plaintiff did not file grievance at the original grievance level); Cargill v. Jail
Administrator House, No. 2:18-cv-0344-AKK-JEO, 2020 WL 3549831 (N.D. Ala. 2020)
(dismissal without prejudice for failure to exhaust excessive force claim in county jail).
Based upon an independent and de novo review of the Recommendation, see 28
U.S.C. § 636(b), it is
ORDERED that:
1. To the extent the Magistrate Judge recommended dismissal, the
Recommendation of the Magistrate Judge is ADOPTED;
2. The Motion to Dismiss (Doc. 22) is GRANTED;
3. This case is DISMISSED without prejudice;
4. No costs are taxed.
A separate Final Judgment will be entered in accordance with this order.
DONE, on this the 6th day of February 2024.

R. AUSTIN HUFFAKER, JR.
UNITED STATES DISTRICT JUDGE