Hartley v. CMS Medical

Filing 17

MEMORANDUM OPINION. Signed by Judge William M Acker, Jr on 1/7/13. (KGE, )

FILED
2013 Jan-07 AM 11:54
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MIDDLE DIVISION
SILVESTER HARTLEY,

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Plaintiff,
v.
CMS MEDICAL AND
DR. WILLIAM TALLEY,
Defendants.

Case No. 4:11-cv-02017-WMA-JEO

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on December 10, 2012, recommending
that this cause be dismissed without prejudice, pursuant to 42 U.S.C. § 1997e(a), in order for the plaintiff
to exhaust his administrative remedies. No objections have been filed by any party.
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 ADOPTED and his recommendation is ACCEPTED. Accordingly, the complaint is due
to be dismissed without prejudice due to plaintiff’s failure to exhaust his administrative remedies. A Final
Judgment will be entered.

DONE this the 7th day of January, 2013.
_____________________________
WILLIAM M. ACKER, JR.
UNITED STATES DISTRICT JUDGE