v. JACKSON et al

Filing 10

ORDER adopting 7 Report and Recommendations. Therefore, Plaintiff's complaint is dismissed without prejudice for failure to exhaust administrative remedies and this civil action is closed. Signed by Judge Dudley H. Bowen on 3/3/14. (cmr)

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IN THE LTNITED
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DISTRICTOF GEORGIA
FORTHE SOUTHERN
DUBLINDIVISION

CTIRK

DESI LEE HYMAN JACKSON.
Plaintiff,

cv 313-084
MR. OGLETREE,
Defendant.

ORDER

After a careful,de novo reviewof the file, the Courtconcurs
with the Magistrate
("R&R'), to whichobjections
havebeenfiled (doc.
Judge's
ReportandRecommendation
of
no. 9). The Magistrate
Judgerecommended
dismissal PlaintifFscomplaintwithout
prejudice failureto exhaust
remedies.(Doc.no. 7.) In his objections,
administrative
for
was depleted"since
Plaintiff statesthat his "option to use the grievanceprocedure
grievances
unit,
for
for
werenot available him in the segregation he asked grievances
to
and
but
several
weeksandmonths, he evenwroteto the "CDC Office of Investigations,"
leaveto fulfill the exhaustion
receivedno response.(Doc. no. 9.) He also requests
(Id.)
requirement.
to
requirement,
evenif
Because Courthasno discretion waivethe exhaustion
the
process futile or inadequate,
Plaintiff s objections
is
it can be shownthat the grievance
lack merit.

See Alexanderv. Hawk, 159 F.3d 1321 1325-26(1 lth Cir. 1998).
,

to
aboutthe timeline of his attempts use the
Moreover,despitePlaintiff s allegations
grievance
procedure,
Plaintiff signed complaint
his
lessthanonemonthafter the dateof
of
doc.no. 1.) Lastly,because
exhaustion remedies
the allegedincident. Gce_Cglglaly
to
court,Plaintiffhadto complete entire
the
is a "precondition" filing an actionin federal
grievance
procedure
before initialing this suit. Poole v. Rich, 312 F.
administrative
v.
curiam); alsoHissinboftom Carter,223
see
F.3d
App'x 165,166(11thCir. 2008)Qter
Cir.
curiam).
1259,1261(1lth 2000)
Qter
Accordingly, the Report and Recommendation the MagistrateJudge is
of
Plaintiff s complaint DISMISSED
is
ADOPTED asthe opinionof the Court. Therefore,
administrative
remedies this civil action is
without prejudicefor failure to exhaust
and
CLOSED.
rhi{day
SO ORDERED

"J

Y{u'{'t

I

of Eeb+uary, 14.at Augusta.
20
Georgia.