Prince v. Shepard, et al.

Filing 44

ORDER ADOPTING 39 Report and Recommendations, GRANTING 29 Motion to Dismiss, DISMISSING this case without prejudice and CLOSING this case. Signed by Chief Judge J. Randal Hall on 08/07/2018. (maa)

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION

JOSEPH TIGER D. PRINCE,
Plaintiff,
CV 118-011

ANTHONY KNIGHT and

LUCRETIA STROUD,
Defendants.

ORDER

After a careful, de novo review of the file, the Court concurs with the Magistrate

Judge's Report and Recommendation, to which objections have been filed. (Doc. no. 43.)
The Magistrate Judge recommended granting Defendants' motion to dismiss because
Plaintiff did not exhaust his administrative remedies prior to commencing this lawsuit. (See

doc. no. 39.) Plaintiff argues in his objections he has exhausted his administrative remedies,

but none of the arguments change the Magistrate Judge's correct analysis that Plaintiff had
not exhausted his remedies prior to commencement of this lawsuit in the Northern District of
Georgia. (See jd at 8-11.) As the Prison Litigation Reform Act requires exhaustion prior to
commencement of a lawsuit in federal court, and as Plaintiff failed to exhaust his

administrative remedies before initiating suit. Defendants' motion to dismiss is properly

granted. (See id at 5-6 and cases cited therein explaining exhaustion is precondition to filing
suit in federal court.)

Accordingly, the Court OVERRULES all objections, ADOPTS the Report and
Recommendation of the Magistrate Judge as its opinion, and GRANTS the motion to

dismiss. (Doc. no. 29.) The case is DISMISSED without prejudice and shall be CLOSED.
SO ORDERED this

day of August, 2018, at Augusta, Georgia.

J. RANDt^^ hall,chief JUDGl

JfflllTEj^TATES DISTRICT COURT
SDUTHERN district of GEORGIA