Barber v. Miorania et al

Filing 57

MEMORANDUM OPINION. Signed by Judge L Scott Coogler on 3/2/2017. (PSM)

FILED
2017 Mar-02 AM 09:30
U.S. DISTRICT COURT
N.D. OF ALABAMA

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
NORTHEASTERN DIVISION
DONALD JOE BARBER,
Plaintiff,
v.
ADAM UNKNOWN, WARDEN
POTTER, and DEPUTY CAMPBELL,
Defendants.

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Case No. 5:15-cv-01664-LSC-SGC

MEMORANDUM OPINION
The magistrate judge filed a report on February 3, 2017, recommending the
defendants’ motions for summary judgment be treated as motions to dismiss
pursuant to 42 U.S.C. § 1997e(a) for failure to exhaust administrative remedies and
that the same be granted. (Doc. 56). Although the parties were advised of their
right to file specific written objections within fourteen days, no objections have
been received by the court.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation, the magistrate judge’s report
is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the
court ORDERS that the defendants’ motions for summary judgment be construed
as motions to dismiss pursuant to 42 U.S.C. § 1997e(a) for failure to exhaust

administrative remedies and the same be GRANTED and the claims be
DISMISSED WITH PREJUDICE.
A final judgment will be entered separately.
DONE and ORDERED on March 2, 2017.

_____________________________
L. Scott Coogler
United States District Judge
160704

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