Nealy v. Moore et al

Filing 29

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 28 Report and Recommendations granting defendant's 26 Motion to Dismiss or in the Alternative for Summary Judgment. Signed by District Judge Henry T. Wingate on 11/30/13 (TRS)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

ROY NEALY

PLAINTIFF

V.

CIVIL ACTION NO.: 4:11-cv-187HTW-LRA

SHERIFF JAMES MOORE

ORDER ADOPTING REPORT AND RECOMMENDATION
This matter is before the court pursuant to the Report and Recommendation of
United States Magistrate Judge Linda R. Anderson which clearly notified the respective
parties in the above-styled and numbered cause that failure to file written objections to
the findings and recommendations contained therein within fourteen (14) days from the
date of filing would bar further appeal in accordance with Title 28 U.S.C. § 636, and this
court, finding that there has been no submission of written objections by any party,
hereby adopts said Report and Recommendation as the order of this court.
This court grants the Defendant’s [Docket no. 26] Motion to Dismiss or in the
Alternative for Summary Judgment on the grounds that plaintiff did not exhaust his
administrative remedies prior to filing suit. Alternatively, the Complaint is dismissed due
to Plaintiff’s failure to prosecute under FED. R. CIV. P. 41(b). A Final Judgment will be
entered in favor of Defendant.
SO ORDERED, this the 30th day of November, 2013.

s/ HENRY T. WINGATE
UNITED STATES DISTRICT JUDGE