Wooten v. Bureau of Prisons et al

Filing 25

MEMORANDUM OF OPINION adopting 24 REPORT AND RECOMMENDATIONS. Signed by Judge Abdul K Kallon on 10/27/2015. Copy served on plff.(YMB)

FILED
2015 Oct-27 PM 01:36
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
RONALD DEAN WOOTEN,
Plaintiff,
v.
UNITED STATES OF AMERICA,
Defendant.

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) Case Number 4:14-cv-00206-AKK-JHE
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MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on September 1, 2015,
recommending that the defendant’s motion for summary judgment be granted due to
the plaintiff’s failure to exhaust his administrative remedies as required by the Federal
Tort Claims Act, 28 U.S.C. § 1346. Doc. 24. Although the parties were allowed
fourteen (14) days to file objections, the court has received no objections.
Having carefully reviewed and considered de novo all the materials in the court
file, including the report and recommendation, 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, to the extent the plaintiff’s claims are
based on the October 24, 2012 Administrative Decision, summary judgment is due to
be GRANTED because no genuine issues of material fact remain and the defendant is

entitled to judgment in its favor on any such claims. To the extent the plaintiff’s
claims are based on injuries he sustained after the October 24, 2012 Administrative
Decision, those claims are due to be DISMISSED WITHOUT PREJUDICE due to
the plaintiff’s failure to exhaust his administrative remedies. A Final Judgment will
be entered.
DONE the 27th day of October, 2015.
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ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE