Greene v. Wheeler Correctional Facility et al

Filing 46

ORDER ADOPTING REPORT AND RECOMMENDATIONS of the Magistrate Judge as the opinion of the Court; granting 35 Motion for Summary Judgment by the Defendants; Plaintiff's complaint is dismissed without prejudice, and the final judgment shall be entered in favor of Defendants. Signed by Judge Dudley H. Bowen on 2/15/2013. (dhh)

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IN THE LTNITED
STATESDISTRICTCOURT

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9,5g

DISTRICTOF GEORGIA
FORTHE SOUTHERN
DUBLIN DIVISION

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qn

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WAYMON GREENE,
Plaintifl

cv 311-023
ROBERT ROSIER,Warden,et al.,
Defendants,

ORDER

After a careful, de novo review of the file, the Court concurswith the Magistrate
to
Judge'sReport and Recommendation, which no objectionshavebeen filed. Accordingly,
Judgeis ADOPTED asthe opinion of the
of
the Repod and Recommendation the Magistrate
is
Defendants'
motion for summaryjudgment GRANTED asto exhaustion,
Court. Therefore,
Plaintiffs complaint is DISMISSED *'ithout prejudice,t and a hnal judgrnent shall be
ENTERED in favor of Defendants.

Georgia.
So oRDERED l4a-Hi.uruary,2013, atAugusta,
tr'i.

rAlthough Defendants clearly entitledto summary
judgment basedon Plaintiff s
are
his administrative
and althoughit is at leastarguable
failureto exhaust
remedies,
that a district
court has authority to dismiss a prisoner's claims with prejudice for failure to exhaust
remedies, is thepracticeof this Courtto dismisscases
it
suchasthis onewithout
administrative
prejudice,in order that the prisoner-plaintiffmay attemptto properly exhaustadministrative
418
Marshv.
remedies. Johnson Meadows, F.3d 1152,ll57 (1lth Cir. 2005)(quoting
Cf.
v.
(5thCir. I 995))("fw]ithouttheprospect a dismissal
Jones, F.3d707
53
of
with prejudice,
,710
grievance by
requirement filing no administrative
by
or
a prisonercould evadethe exhaustion
filing an untimelyone").
intentionally