GREEN v. HOOKS et al

Filing 12

ORDER adopting 8 Report and Recommendations. Therefore, the Court dismisses Plaintiff's complaint without prejudice for failure to exhaust administrative remedies and closed this civil action. Further, denies as moot 10 Motion to Amend/Correct. Signed by Judge Dudley H. Bowen on 1/9/15. (cmr)

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TNTHE LINITEDSTATESDISTRICTCOURT
DISTRICTOF GEORGIA
FORTHE SOUTHERN
DUBLINDIVISION

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JIMMIE LEE GREEN.JR..
Plaintifi

c v 3 1 41 5 0
Johnson
State
BRAD HOOKS,Warden,
Prison, al.,
et
Defendants.

ORDER

After a careful, de novoreview of the file, the Court concurswith the MagistrateJudge's
to
Report and Recommendation, which objectionshave been filed (doc. no. l1). The Magistrate
Judge recommendeddismissing Plaintiffs complaint becausePlaintiff failed to exhaust all
available steps in the grievance process prior to filing his complaint.

(See doc. no. 8.)

Plaintiff s objections and attachedexhibits simply reinforce the conclusion in the Report and
his
that Plaintiff filed his complaint before allowing prison officials to address
Recommendation
grievanceswithin the time allotted under the applicable Georgia Department of Conections'
Standard Operating Procedure. Indeed, Exhibits A and B to Plaintiffs objections seeking
information from prison officials about the status of his November 5th aad November 13th
grievancesboth post-datethe November 24,2014 signaturedate on Plaintiff s complaint. (See
doc. no. 1, p. 6.) In any event, even if prison officials had not timely addressedPlaintifls
grievances,his objections do not contest that he failed to appeal to the Central Office, as is

has
is
or
pelmittedwhenan originalgrievance rejected thetime for receivinga response expired
See
a
receiving response. SOPIIB05-0001 VI(EX3)-(4).
withoutthe offender
$$
and ADOPTS the Report
Accordingly,the Court OVERRULES Plaintiff s objections
this
Judge its opinion. As the Courtis dismissing case
as
of
andRecommendation the Magistrate
to
the
remedies, motionto amend addtwo Defendants
administrative
based failureto exhaust
on
by
to this casethat were previouslydismissed order of United StateDistrict JudgeC. Ashley
the
Royalis DENIED AS MOOT. (Doc.no. 10.) Therefore, CourtDISMISSESPlaintiffs
remedies
and CLOSES this
administrative
complaintwithout prejudicefor failure to exhaust

Georgia.

LTNITEDS

TESDISTRICT