Williams Jr. v. Owens et al

Filing 49

ORDER granting 31 Motion to Dismiss; adopting Report and Recommendations re 44 Report and Recommendations. Plaintiff's claims are dismissed. Signed by Judge B. Avant Edenfield on 11/27/13. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
STATESBORO DIVISION

GRADY R. WILLIAMS, JR.,
Plaintiff,
v.
6:13-cv-16
STANLEY WILLIAMS, et al.,
Defendants.
ORDER
Before the Court is the Magistrate Judge’s Report and Recommendation, ECF No. 44, to which
objections have been filed. ECF Nos. 46; 48. After a de novo review of the record, and after carefully
considering Plaintiff’s objections, the Court concurs with the Report and Recommendation, which is
ADOPTED as the opinion of the Court.
Plaintiff does not disagree that he failed to exhaust administrative remedies prior to filing suit.
ECF No. 48 at 7. Instead, he requests a ninety day continuance to allow him time to pursue
administrative remedies.

Id.

As the Magistrate and Defendants correctly note, however, such a

continuance would be futile because prison grievance rules do not provide for good cause waivers of
the informal grievance deadline.

See ECF Nos. 44 at 7; 47 at 2. By not re-filing his informal

grievance within the ten day period provided by prison rules, Plaintiff forfeited his chance to exhaust
administrative remedies and thus to file this action. Defendant’s motion to dismiss, ECF No. 31,
therefore is GRANTED . Plaintiff’s claims are DISMISSED .
This 27th day of November 2013.

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IL AVANT DNF1ELØ, JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA