Johnson v. Phelps

Filing 15

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

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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., ) ) ) ) ) ) ) ) ) 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. _____________________________ L. Scott Coogler United States District Judge 160704

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