OWENS v. GEORGIA DIAGNOSTIC AND CLASSIFICATION PRISON et al

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)

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.

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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