Palmore v. Jackson

Filing 161

ORDER ADOPTING the 154 Report and Recommendations of the Magistrate Judge. Defendants' 125 Motion for Summary Judgment is granted and Plaintiff's 120 Motion for Summary Judgment is denied. Plaintiff's complaint is dismissed, w ithout prejudice, due to his failure to exhaust his available administrative remedies prior to the filing of this cause of action. The Clerk is directed to file the appropriate judgment of dismissal. Signed by Chief Judge Lisa G. Wood on 1/30/2014. (ca)

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

EDWARD PALMORE,
Plaintiff,
:

vs.

CIVIL ACTION NO.: CV5I0-040

TINA TUCKER and
STEVEN CHAMBLESS,
Defendants.

ORDER
After an independent and de novo review of the entire record, the undersigned
concurs with the Magistrate Judge's Report and Recommendation, to which Plaintiff
filed Objections and a Notice of Appeal.' In his Objections, Plaintiff reiterates the
contentions set forth in his Response to Defendants' Motion for Summary Judgment.
Plaintiff also provided a notice regarding the revisions to the statewide grievance
procedure. As the Magistrate Judge noted, the grievance procedures were revised in
December 2012, and the alleged events giving rise to Plaintiffs Complaint occurred in
2009. (Doc. No. 154, pp. 2-3). Accordingly, the revised grievance procedure is
inapplicable. In addition, Plaintiff offers nothing to explain why he submitted this notice.

Plaintiffs Notice of Appeal contains no substantive contentions. Instead, Plaintiff states that he already
filed Objections to the Magistrate Judge's Report and Recommendation.
AO 72A

(Rev. 8/82)

Plaintiffs Objections are overruled.

The Magistrate Judge's Report and

Recommendation is adopted as the opinion of the Court. Plaintiffs Motion for Summary
Judgment is DENIED.

Defendants' Motion for Summary Judgment is GRANTED.

Plaintiffs Complaint is DISMISSED, without prejudice, due to his failure to exhaust his
available administrative remedies prior to the filing of this cause of action. The Clerk of
Court is directed to file the appropriate judgment of dismissal
SO ORDERED, this

day o1

2014.

LISA 910DBEY WOOD, CHIEF JUDGE
QNP'D STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA

AO 72A
(Rev. 8182)