Oglesby v. Talladega County Jail

Filing 28

MEMORANDUM OPINION. Signed by Judge Abdul K Kallon on 7/2/2018. (AFS)

FILED
2018 Jul-02 PM 01:46
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
EASTERN DIVISION
TRACY MICHAEL OGLESBY,
Plaintiff,

v.
SERGEANT MATTHEW
COTTNEY, et al.,
Defendants.

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Civil Action Number
1:16-cv-00883-AKK-TMP

MEMORANDUM OPINION
The magistrate judge filed a report on May 17, 2018, recommending that
Defendants Cotney and Denham’s motion for summary judgment be treated as a
motion to dismiss and the motion be granted and the claims be dismissed without
prejudice pursuant to 42 U.S.C. § 1997e(a) for the Plaintiff’s failure to exhaust
administrative remedies. Doc. 27. The magistrate judge further recommended that
the Plaintiff’s claims against Defendants King, Williams, and Otis be dismissed
without prejudice for want of service of process. Id. Although the magistrate judge
advised the Plaintiff of his right to file specific written objections within fourteen
(14) days, no objections have been received by the court.
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. Accordingly,

Defendants Cotney and Denham’s motion for summary judgment should treated as
a motion to dismiss and the motion is due to be granted pursuant to 42 U.S.C.
§ 1997e(a). The Plaintiff’s claims against Defendants King, Williams, and Otis are
due to be dismissed for want of service of process.
DONE the 2nd day of July, 2018.

_________________________________
ABDUL K. KALLON
UNITED STATES DISTRICT JUDGE

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