Johnson v. Phelps

Filing 15

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 1/19/2016. (PSM)

FILED
2016 Jan-19 PM 03:26
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
THARTHUR JOHNSON, JR.,

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Plaintiff,
v.
JUSTIN PHELPS,
Defendant.

Case No. 1:15-cv-0548-LSC-JHE

MEMORANDUM OPINION
The magistrate judge filed a report on December 22, 2015, recommending this action be
dismissed without prejudice, pursuant to 28 U.S.C. § 1997e(a), for failure to exhaust
administrative remedies. (Doc. 14). Although the magistrate judge advised the plaintiff of his
right to file specific written objections within fourteen days, he has failed to respond to the report
and recommendation.
Having carefully reviewed and considered de novo all the materials in the court file,
including the report and recommendation, the magistrate judge's report is hereby ADOPTED
and the recommendation is ACCEPTED. Therefore, in accordance with 28 U.S.C. § 1997e(a),
this action is due to be dismissed without prejudice for failure to exhaust administrative
remedies.
A Final Judgment will be entered.
DONE and ORDERED on January 19, 2016.

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L. Scott Coogler
United States District Judge
160704