Palmore v. Jackson

Filing 138

ORDER ADOPTING the 133 Report and Recommendations of the Magistrate Judge. The Clerk is directed to enter the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 2/27/2012. (ca)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
WAYCROSS DIVISION

EDWARD PALMORE,
Plaintiff,
:

vs.

CIVIL ACTION NO.:CV51O-O4O

TINA TUCKER and
STEVEN CHAMBLESS,
Defendants.
ORDER
After an independent and do novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Objections
have been filed. In his Objections, Plaintiff asserts that he did not provide his signature
on the informal grievances, which would have indicated whether he felt these
grievances were resolved at the informal level. Plaintiff also asserts that he did not
acknowledge in writing whether he wanted a formal grievance form. According to
Plaintiff, the Standard Operating Procedure ("SOP") governing the grievance
procedures required that he sign the informal grievances and acknowledge whether he
wanted a formal grievance form.
Contrary to Plaintiff's contentions, an inmate was not required to sign an informal
grievance form, only the formal grievance form, to acknowledge receipt of the warden's
response, per SOP 111305-0001. (Dkt. No. 122-3, pp.8-1I). Plaintiff signed Formal
Grievance Number 216726 as an acknowledgment of the Warden's response. (Dkt. No.

AO 72A
(Rev. 8/82)

71-2, p. 28). In addition, there is nothing in the SOP which indicates that an inmate was
required to make a written request for a formal grievance form, only that an inmate had
to complete the informal grievance procedure before pursuing his grievance through the
formal procedures. (DkL No. 1223; p. 10).
Plaintiff's Objections are overruled. The Magistrate Judge's Report and
Recommendation is adopted as the opinion of the Court. Defendants' Motion for
Summary Judgment' is GRANTED. Plaintiffs Motion for Summary Judgment is
DENIED. Plaintiffs Complaint is DISMISSED, without prejudice, due to his failure to
exhaust his available administrative remedies prior to filing his cause of action. The
Clerk of Court is directed to enter the appropriate iudgment of dismissal.
SO ORDERED, this '1' '1 day of

_,' .,

iL-t41

,2012.

SA GODBEY WOOD, CHIEF kUDGE
NITEDJSTATES DISTRICT COT
DUTHERN DISTRICT OF GEORGiA

The undersigned notes Plaintiffs assertion that Defendants' Motion for Summary Judgment should have
been treated as a motion to dismiss. It is apparent the Magistrate Judge treated Defendants' Motion as
such, and labeling the Defendants' Motion as one for summary judgment is irrelevant to the disposition of
this case.
AO 72A
(Rev. 8/82)

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