Collums v. Woodall et al

Filing 33

ORDER ADOPTING REPORT AND RECOMMENDATIONS 31 Report and Recommendations and granting 22 Motion for Summary Judgment filed by James Burck. Plaintiff's complaint 1 is dismissed without prejudice for failure to exhaust administrative remedies. A separate final judgment will be entered pursuant to Federal Rule of Civil Procedure 58. Signed by District Judge Halil S. Ozerden on 7/19/16 (PKS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
SOUTHERN DIVISION
DAVID ALLEN COLLUMS
v.

PLAINTIFF
CIVIL ACTION NO. 1:15-cv-138-HSO-JCG

RONALD WOODALL, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION [31],
GRANTING DEFENDANT BURCK’S MOTION [22] FOR SUMMARY
JUDGMENT, GRANTING DEFENDANT WOODALL’S AFFIRMATIVE
DEFENSE [21] OF FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES,
AND DISMISSING COMPLAINT [1] WITHOUT PREJUDICE
This matter is before the Court on the Report and Recommendation [31] of
United States Magistrate Judge John C. Gargiulo, entered on June 27, 2016,
recommending that the Court grant Defendant James Burck’s Motion [22] for
Summary Judgment, grant Defendant Ronald Woodall’s Affirmative Defenses and
Answer [21] (which the Court will construe at this juncture as a motion
for summary judgment), and dismiss Plaintiff’s Complaint [1] without prejudice for
failure to exhaust administrative remedies. Plaintiff has not filed any objection to
the Report and Recommendation, and the time for doing so has passed.
Where a party fails to file specific objections to a magistrate’s proposed
findings of fact and recommendation, the district court reviews the proposed
findings of fact and recommendation for findings and conclusions that are clearly
erroneous or contrary to law. 28 U.S.C. § 636(b)(1); see United States v. Wilson, 864
F.2d 1219, 1221 (5th Cir. 1989). The Court finds that the Magistrate Judge
properly recommended that Defendant Burck’s Motion [22] for Summary Judgment
and Defendant Woodall’s Affirmative Defense [21] of failure to exhaust

administrative remedies be granted and Plaintiff’s Complaint [1] be dismissed.
After referral of hearing by this Court, no objections having been filed as to the
Report and Recommendation, and the Court, having fully reviewed the same as well
as the record and relevant law in this matter, and being fully advised in the
premises, finds that the Report and Recommendation is neither clearly erroneous
nor contrary to law and should be adopted in its entirety as the opinion of this
Court.
IT IS, THEREFORE, ORDERED AND ADJUDGED that, the Report and
Recommendation [31] of Magistrate Judge John C. Gargiulo, entered on June 27,
2016, is adopted in its entirety as the opinion of this Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that, Defendant James
Burck’s Motion [22] for Summary Judgment and Defendant Ronald Woodall’s
Affirmative Defenses and Answer [21] of failure to exhaust administrative remedies
are GRANTED.
IT IS, FURTHER, ORDERED AND ADJUDGED that, Plaintiff’s
Complaint [1] is DISMISSED WITHOUT PREJUDICE for failure to exhaust
administrative remedies. A separate final judgment will be entered pursuant to
Federal Rule of Civil Procedure 58.
SO ORDERED AND ADJUDGED, this the 19th day of July, 2016.

s/ Halil Suleyman Ozerden
HALIL SULEYMAN OZERDEN
UNITED STATES DISTRICT JUDGE

-2-