Campbell v. Brown et al

Filing 27

ORDER declining to adopt 22 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Thomas E. Campbell. This case shall proceed. Signed by Senior Judge Glen H. Davidson on 10/6/15. (rel)

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF MISSISSIPPI

ABERDEEN DIVISION

THOMAS E. CAMPBELL

PLAINTIFF

v.

No.l:15CV35-GHD-DAS

ANGELA BROWN, ET AL.

DEFENDANTS

ORDER

The court has considered the file and records in this action, including the Report and
Recommendation ofthe United States Magistrate Judge that the case be dismissed for failure to
exhaust administrative remedies and the objections to that Report and Recommendation. In his
objections, the plaintiff attached documents tending to show that, as to the issues in this case, he
attempted to proceed with the prison grievance process, but he never received a response from the
Mississippi Department of Corrections. Thus, the plaintiff has provided prima facie evidence that
he has exhausted his administrative remedies.

It is therefore ordered:
1.

That the plaintiffs objections to the Magistrate Judge's Report and

Recommendation are SUSTAINED;
2.

That the court DECLINES to adopt the Report and Recommendation ofthe United

States Magistrate Judge; and
3.

That this case will PROCEED.

SO ORDERED, this, the 5th day of October, 2015.

Jt !/,9~

SENIOR JUDGE