Stewart v. Woodall et al
ORDER adopting 39 Report and Recommendations and dismissing complaint withou prejufice; granting 19 Motion to Dismiss. A separate Judgment shall be entered. Signed by District Judge Keith Starrett on June 8, 2012 (dsl)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
RICKY GENE STEWART
CIVIL ACTION NO. 2:11-CV-207-KS-MTP
RONALD WOODALL, et al.
On May 2, 2012, the Magistrate Judge entered his Report and Recommendation
 in this matter, recommending that the Court dismiss this matter without prejudice
because the Petitioner failed to exhaust his administrative remedies. In response,
Petitioner argues that he has, in fact, exhausted his administrative remedies.
Petitioner claims that Defendants failed to provide him with adequate medical
treatment after a shoulder surgery. Petitioner’s grievance No. SMCI-11-225 concerns
that issue. Petitioner received his First Step response to grievance No. SMCI-11-225
on March 24, 2011, and he appealed to the Second Step on April 11, 2011. The ARP
responded, however, with a letter informing Petitioner that he had failed to comply
with the applicable procedural rules and granted Petitioner five additional days to cure
the procedural deficiency. It explicitly warned him that failure to do so would result
in the cancellation of his ARP request. Petitioner never responded. Therefore, the
Magistrate Judge correctly concluded that Petitioner failed to exhaust his
administrative remedies before filing the instant petition.
As required by 28 U.S.C. § 636(b)(1), the Court has conducted an independent
review of the entire record and a de novo review of the matters raised by the
Petitioner’s objections. The Court concludes that the Report and Recommendation 
is an accurate statement of the facts and a correct analysis of the law in all respects.
Therefore, the Court accepts, approves, and adopts the factual findings and legal
conclusions contained in the Report and Recommendation  entered by United
States Magistrate Judge Michael T. Parker pursuant to 28 U.S.C. § 636(b)(1).
The Court grants the Motion to Dismiss  filed by Defendants. Petitioners’
claims are dismissed without prejudice.
SO ORDERED AND ADJUDGED this 8th day of June, 2012.
UNITED STATES DISTRICT JUDGE
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