Wallace v. Wilkinson County MTC et al

Filing 46

ORDER adopting Report and Recommendations re 44 Report and Recommendations.; granting 34 Motion for Summary Judgment Signed by Honorable David C. Bramlette, III on 3/16/16 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
WESTERN DIVISION
CLIFTON ALEXANDER WALLACE, #123074
VS.

PLAINTIFF

CIVIL ACTION NO. 5:15-cv-23(DCB)(MTP)

MANAGEMENT AND TRAINING
CORPORATION, ET AL.

DEFENDANTS

ORDER ADOPTING REPORT AND RECOMMENDATION
This cause is before the Court on Magistrate Judge Michael T.
Parker’s Report and Recommendation (docket entry 44), and on the
plaintiff’s Objections thereto (docket entry 45). Having carefully
reviewed same, the Court finds as follows:
The plaintiff alleges that when he arrived at the Wilkinson
County Correctional Facility (“WCCF”) from another correctional
facility, he was assaulted by four WCCF officers and sustained
physical injuries.

Defendant Management and Training Corporation

filed a motion for summary judgment based on the plaintiff’s
failure to exhaust administrative remedies (docket entry 34).
In a thorough Report and Recommendation, Magistrate Judge
Parker

finds

that

the

plaintiff

failed

to

exhaust

his

administrative remedies, that the motion for summary judgment
should be granted, and that the plaintiff’s claims against all
defendants should be dismissed without prejudice.

The plaintiff’s

objections do not demonstrate that his administrative remedies were
exhausted.

The Court shall therefore follow the report and

recommendations.

Accordingly,
IT IS HEREBY ORDERED that Magistrate Judge Michael T. Parker’s
Report and Recommendation (docket entry 44) is ADOPTED as the
findings and conclusions of this Court;
FURTHER ORDERED that the motion for summary judgment (docket
entry 34) filed by Management and Training Corporation is GRANTED;
A separate Final Judgment shall issue dismissing this action
without prejudice.
SO ORDERED, this the 16th day of March, 2016.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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