Cunningham v. Federal Bureau of Prisons et al

Filing 45

ORDER ADOPTING 37 the Magistrate Judge's Report and Recommendations; ORDER Granting 29 Motion to Dismiss without prejudice, due to his failure to exhaust his administrative remedies prior to the filing of his Complaint. Plaintiff's Objections are overruled. The Clerk of Court is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 6/21/2011. (csr)

fl
TrOURT
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
BRUNSWICK DIVISION 2011 JUN 2 I PM 5'
CLERK—C--:1
SO. DIST. OF GA.
NEALLY CUNNINGHAM,
Plaintiff,
vs.

CIVIL ACTION NO.: CV209-197

JOHNATHAN MEAD; KENDELL
SHAW; and PATRICK MOORE,
Defendants.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. In his Objections, Plaintiff reiterates his contention that Defendants'
actions made the administrative remedy process unavailable to him. In so doing,
Plaintiff also reiterates his contention that Defendants threatened to recommend that
Plaintiff be transferred if he continued making allegations against them. However, as
the Magistrate Judge noted, Plaintiff's subsequent actions in filing a Federal Tort Claims
Act complaint and an administrative remedy against Defendant Mead belie his
contention that Defendants' actions rendered the administrative remedy process
unavailable to him. The Magistrate Judge's factual resolution that Plaintiff failed to
exhaust his available administrative remedies stands.
Plaintiff's Objections are overruled. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court. Defendants' Motion to

AC 72A
(Rev. 8.182)

Dismiss is GRANTED. Plaintiffs Complaint is DISMISSED, without prejudice, due to
his failure to exhaust his administrative remedies prior to the filing of his Complaint. The
Clerk of Court is directed to enter the appropriate judgm t f dismissal.
SO ORDERED, this

day of

2011.

LISA GODBEY WOOD, CHIEF JUDGE
U1'ITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev, 8182)