Thomas v. Talley et al

Filing 24

MEMORANDUM OF OPINION-re: R&R 23 . The court is of the opinion that the R&R is due to be and is hereby ADOPTED and the RECOMMENDATION is ACCEPTED. Signed by Judge R David Proctor on 6/10/2013. (AVC)

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FILED 2013 Jun-10 AM 10:10 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA MIDDLE DIVISION VICTOR ALLEN THOMAS, Plaintiff, v. DR. TALLEY, et al., Defendants. ) ) ) ) ) Case No. 4:11-cv-02813-RDP-RRA ) ) ) ) MEMORANDUM OF OPINION The Magistrate Judge filed a Report and Recommendation on May 13, 2013, recommending that this cause be dismissed without prejudice due to Plaintiff’s failure to exhaust his administrative remedies under 42 U.S.C. § 1997e(a). (Doc. 23.) 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, this action is due to be dismissed without prejudice. A Final Judgment will be entered. DONE and ORDERED this 10th day of June, 2013. _______________________________ R. DAVID PROCTOR UNITED STATES DISTRICT JUDGE

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