Filing 116

ORDER ADOPTING 115 Report and Recommendations and GRANTING 111 Motion to Dismiss. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 12/22/2016. (tlh)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION JACKIE DEWAYNE OWENS, Plaintiff, v. NURSE TRACEY CARTER, et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:13-CV-299 (MTT) ORDER Magistrate Judge Stephen Hyles recommends granting Nurse Carter’s motion to dismiss Plaintiff Owens’s recast complaint (Doc. 111) because Owens prematurely filed this action during the pendency of his administrative grievance appeal and thus failed to properly exhaust his administrative remedies. Doc. 115 at 6-7. The Plaintiff has not filed an objection to the Recommendation, and the time for doing so has expired. The Court accepts and adopts the findings, conclusions, and recommendations of the Magistrate Judge. The Recommendation (Doc. 115) is ADOPTED and made the order of this Court. Accordingly, Owens’s claims against Carter are DISMISSED without prejudice. SO ORDERED, this 22nd day of December, 2016. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?