Gomez v. Wells

Filing 12

ORDER adopting re 9 Report and Recommendations. Therefore, pla's complaint is Dismissed w/o prejudice for failure to exhaust administrative remedies and this action is Closed. Signed by Judge Dudley H. Bowen on 10/25/10. (cmr)

Gomez v. Wells

Doc. 12

ORIGINAL
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA
200 OCT 25 A 2

r .r-:) U.S.F'T.

DUBLIN DIVISION ·C THOMAS MELCHOR GOMEZ, Plaintiff,
V.

CV 310-012

WALT WELLS, Defendant.

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 (dcc. no. 11). The Magistrate Judge recommended dismissal of Plaintiff's complaint without prejudice for failure to exhaust administrative remedies. (Doc. no. 9.) In his objections, Plaintiff does not dispute that he has failed to satisfy the exhaustion requirement, but he asserts that the grievance process is inadequate due to corruption within the prison system. Because the Court has no discretion to waive the exhaustion requirement, even if it can be shown that the grievance process is futile or inadequate, Plaintiff's objections lack merit. See Alexander v. Hawk, 159 F.3d 1321, 1325-26 (11th Cir. 1998). Accordingly, the Report and Recommendation of the Magistrate Judge is ADOPTED as the opinion of the Court. Therefore, Plaintiff's complaint is DISMISSED without prejudice for failure to exhaust administrative remedies, and this civil action is CLOSED. SO ORDERED thi4 day of October, 2010, at Augusta, Georgia.

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