Edwards v. Wheat et al
MEMORANDUM OPINION as more fully set out in order. Signed by Judge C Lynwood Smith, Jr on 3/4/2015. (AHI)
2015 Mar-04 PM 01:58
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
DEXTER K. EDWARDS,
MR. WHEAT, et. al.,
Case No.: 4:12-cv-03888-CLS-SGC
On January 14, 2015, the magistrate judge filed a report, recommending that
this action be dismissed without prejudice pursuant to 42 U.S.C. § 1997e, due to
plaintiff’s failure to exhaust his administrative remedies. (Doc. 24). The magistrate
judge further recommended that, to the extent plaintiff was attempting to raise state
law claims, the court should decline to exercise supplemental jurisdiction and dismiss
those claims without prejudice. (Id.). Finally, the magistrate judge noted that, even
if had plaintiff exhausted his remedies with regard to his constitutional claims,
defendants’ motion for summary judgment would have been due to be granted, as
plaintiff failed to show that defendants were deliberately indifferent to his serious
medical needs. (Id.). 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 (Doc. 24), the court is of the opinion
that the magistrate judge’s report is due to be, and it hereby is, ADOPTED, and her
recommendation is ACCEPTED. Accordingly, this action is due to be DISMISSED
WITHOUT PREJUDICE. The court also finds that, even if exhaustion had been
achieved, summary judgment would have been due to be granted in defendants’
A Final Judgment will be entered.
DONE this 4th day of March, 2015.
United States District Judge
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