Holmes v. Fink

Filing 33

MEMORANDUM OF OPINION ADOPTING and ACCEPTING the 32 Magistrate Judge's Report and Recommendation. Signed by Judge James H Hancock on 7/22/2015. (JLC)

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FILED 2015 Jul-22 AM 10:11 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION JAMES E. HOLMES, Plaintiff, v. CO FINK, et. al, Defendants. ) ) ) ) ) ) ) ) ) ) 1:13-cv-00012-JHH-TMP MEMORANDUM OF OPINION The magistrate judge filed a report and recommendation on June 30, 2015, recommending that this action filed pursuant to 42 U.S.C. § 1983 be dismissed pursuant to 42 U.S.C. § 1997e(a) for failure to exhaust available administrative remedies. (Doc. 32). No objections have been filed by any party. Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation and the objections thereto, the Court is of the opinion that the magistrate judge's report is due to be and is hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, the complaint is due to be dismissed due to the plaintiff’s failure to exhaust his administrative remedies. A Final Judgment will be entered. DATED this the 22nd day of July, 2015. SENIOR UNITED STATES DISTRICT JUDGE 2

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