JACKSON v. CREWS et al

Filing 153

ORDER adopting the Magistrate Judge's 129 REPORT AND RECOMMENDATION. Defendants' motion to dismiss (doc. 115 ) is GRANTED. This case is DISMISSED under 28 U.S.C. § 1915A for plaintiff's failure to state a cla im upon which relief may be granted (failure to properly exhaust available administrative remedies). The Clerk is directed to close the file. Plaintiff's request that he not be required to pay a second filing fee should he re-file this action (doc. 120 , p. 10) is DENIED. Signed by CHIEF JUDGE M CASEY RODGERS on 10/07/2014. (MB)

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UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF FLORIDA
PENSACOLA DIVISION
RICHARD JACKSON,
Plaintiff,
v.

Case No. 3:13cv174/MCR/CJK

MICHAEL D. CREWS, et al.,
Defendants.
________________________/
ORDER
Upon consideration of the Report and Recommendation of the Magistrate Judge
filed on June 3, 2014 (doc. 129), pursuant to 28 U.S.C. § 636(b)(1)(B), and after reviewing
objections to the Recommendation (doc. 137) and the Response (doc. 138), the
Recommendation is adopted as the Order of the Court.1
Accordingly, it is now ORDERED as follows:
1. The Magistrate Judge’s Report and Recommendation (doc. 129) is adopted and
incorporated by reference in this Order.
2. Defendants’ motion to dismiss (doc. 115) is GRANTED.
3. This case is DISMISSED under 28 U.S.C. § 1915A for plaintiff’s failure to state
a claim upon which relief may be granted (failure to properly exhaust available
administrative remedies).
4. The Clerk is directed to close the file.
5. Plaintiff’s request that he not be required to pay a second filing fee should he re-

1

The conclusion reached in the Recom m endation and adopted by this Court is also consistent with
a recently filed and analogous Eleventh Circuit opinion affirm ing the dism issal of a federal prisoner’s civil rights
Bivens claim s for failure to exhaust available adm inistrative rem edies. See W est v. Peoples, No. 13-15113,
2014 W L 4852114, at *2 & n.4 (11th Cir. Oct. 1, 2014) (noting the record did not support a finding that prison
officials had obstructed efforts to exhaust adm inistrative rem edies at the regional level where the prisoner had
filed m ultiple grievances at the regional level and also had received instructions on how to correct the
deficiency in his filing yet failed to com plete the adm inistrative review process).

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file this action (doc. 120, p. 10) is DENIED.

DONE AND ORDERED this 7th day of October, 2014.

M. Casey Rodgers
M. CASEY RODGERS
CHIEF UNITED STATES DISTRICT JUDGE

Case No: 3:13cv174/MCR/CJK