Reyes v. Johnson State Prison et al

Filing 12

ORDER adopting 9 Report and Recommendations. Therefore, this civil action is dismissed without prejudice and stands closed. Signed by Judge Dudley H. Bowen on 9/21/16. (cmr)

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ORIGINAL Fll ED IN THE UNITED STATES DISTRICT COUR'Q.s. DISTRICT COURT 'KM "i" •• HP,/ FOR THE SOUTHERN DISTRICT OF GEORGIA 201b SEP2I P 12 DUBLIN DIVISION CLERK.. ,1 ERNESTO A. REYES, Plaintiff, CV 316-063 V. JOHNSON STATE PRISON and JENKINS CCA, Defendants. ORDER After a careftil, de novo review of the file, the Court concurs with the Magistrate Judge's Report and Recommendation, to which objections have been filed,(doc. no. 11). In his complaint. Plaintiff attested under penalty of perjury there was a grievance procedure at his current place of confinement, but he did not utilize it because he would not get "enough results." (Doc. no. 1, pp. 3-4.) Once the Magistrate Judge recommended dismissal of the case without prejudice based on Plaintiffs stated failure to exhaust administrative remedies, a one-page, unsigned objection was submitted. According to this latest filing. Plaintiff somehow knew he could not file a grievance during the four days he was in segregation after the altercation with other inmates forming the basis for this lawsuit. (Doc. no. 11.) The unsigned objection goes on to state Plaintiff never filed a grievance, even after his transfer to another institution following his four days in segregation, because he "was never told about [the grievance procedure] at any of the prisons." (Id.') He was therefore "ignorant to the grievance procedure all together." (Id.) The Court OVERRULES the objections. All filings with the Court must be signed. Fed. R. Civ. P. ll;Loc. R. 11.1. The objection accepted for filing was not signed by anyone and bears no indicia of Plaintiffs signature placed on the original complaint, which attested not only that Plaintiff knew about the grievance procedure, but also that he chose not to use it. Only after the Magistrate Judge recommended dismissal did an anonymous filing suggest, in contradictory fashion, Plaintiff knew enough about the grievance procedure to assert he could not have filed a grievance while in segregation, but also that Plaintiff was completely uniformed of any grievance procedure at any prison. The unsigned, procedurally improper objection from an unknown source provides no basis for deviating from the Magistrate Judge conclusion that dismissal without prejudice is appropriate. Accordingly, the Court ADOPTS the Report and Recommendation of the Magistrate Judge as its opinion, DISMISSES this case without prejudice, and CLOSES this civil action. SO ORDERED this of September, 2016, at Augusta, Georgia. ITED STATES DISTRICT JUDO

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