Atkins v. Blount County Jail et al

Filing 34

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 12/5/2016. (PSM)

FILED
2016 Dec-05 PM 04:18
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
SOUTHERN DIVISION
MICHAEL DALE ATKINS,
Plaintiff,
v.
BLOUNT COUNTY JAIL, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

Case No. 2:15-cv-00229-LSC-JEO

MEMORANDUM OPINION
The magistrate judge filed a report on November 14, 2016, recommending
the defendants’ motion for summary judgment be treated as a motion to dismiss.
(Doc. 33). The magistrate judge further recommended that the defendants’ motion
to dismiss 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.
(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. Therefore, this

action is due to be dismissed without prejudice pursuant to 42 U.S.C. § 1997e(a)
for the plaintiff’s failure to exhaust administrative remedies.
A Final Judgment will be entered.
DONE and ORDERED on December 5, 2016.

_____________________________
L. Scott Coogler
United States District Judge
160704

2