Jackson v. Dean et al

Filing 27

MEMORANDUM OPINION Signed by Judge Karon O Bowdre on 5/13/13. (SAC)

FILED
2013 May-13 AM 10:34
U.S. DISTRICT COURT
N.D. OF ALABAMA

IN THE UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
DENTARIOUS LAMAR JACKSON,
Plaintiff,
vs.
OFFICER DEAN, et al.,
Defendants.

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5:11-CV-3942-KOB-RRA

MEMORANDUM OF OPINION
The magistrate judge filed a report and recommendation on April 15, 2013, recommending
that the court dismiss this action without prejudice for the plaintiff’s failure to exhaust his
administrative remedies. (Doc. 26). No party has filed any objections.
Having carefully reviewed and considered de novo all the materials in the court file, including
the report and recommendation, the court ADOPTS the magistrate judge’s report and ACCEPTS his
recommendation. The court finds that the plaintiff’s complaint fails to state a claim upon which
relief can be granted because he failed to exhaust his administrative remedies as required by the
Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). The court also finds that defendants Morgan
County Jail and the Morgan County Sheriff’s Department are not legal entities capable of being sued.
Therefore, the court finds that this action is due to be DISMISSED WITHOUT PREJUDICE. The
court will enter a separate Final Judgment.
DONE and ORDERED this 13th day May, 2013.

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KARON OWEN BOWDRE
UNITED STATES DISTRICT JUDGE