Bailey v. Johnson et al

Filing 31

MEMORANDUM OF DECISION. Signed by Judge James H Hancock on 3/19/2014. (AVC)

FILED
2014 Mar-19 PM 12:36
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
LONNIE O’NEAL BAILEY,
Plaintiff
vs.

)
)
)

5:11-cv-03797-JHH-HGD

OFFICER ANTHONY JOHNSON, )
Defendant.

)

MEMORANDUM OF DECISION
The magistrate judge filed a Report and Recommendation (Doc. # 30) on
January 31, 2014, recommending that summary judgment be granted and this action
be dismissed with prejudice.1 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. The court EXPRESSLY FINDS that Defendant

1

The Report and Recommendation also found that Johnson failed to exhaust his
administrative remedies as required by 42 U.S.C. § 1997e(a). That failure would result in a
dismissal without prejudice. However, because summary judgment is due to be granted in favor of
Officer Anthony Johnson on the merits, the court considers this finding as an alternative grounds for
dismissal only.
Page 1 of 2

Johnson’s Motion (Doc. # 23) for Summary Judgment2 is due to be granted. The
court also EXPRESSLY FINDS that Plaintiff failed to exhaust the grievance
procedure provided by the Lawrence County Jail as required by 42 U.S.C. § 1997e.
A Final Judgment will be entered dismissing this action with prejudice.
DONE this the

19th

day of March, 2014.

SENIOR UNITED STATES DISTRICT JUDGE

2

Defendant requested that the court treat his Special Report (Doc. # 23) as a Motion for
Summary Judgment.
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