Lyle v. Montgomery County Jail et al

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS: The R & R (Docket No. 22) is hereby ACCEPTED and APPROVED;Defendant's Motion for Summary Judgment (Docket No. 16 ) is GRANTED; and Plaintiff's Complaint is hereby DISMISSED WITH PREJUDICE. The Cle rk of the Court shall enter final judgment in accordance with Rule 58 of the Federal Rules of Civil Procedure. Signed by Chief Judge Kevin H. Sharp on 6/29/2016. (xc:Pro se party by regular and certified mail.)(DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF TENNESSEE
NASHVILLE DIVISION
ROBERT DOUGLAS LYLE,
Plaintiff,
v.
MONTGOMERY COUNTY JAIL and
JAIL MAINTENANCE,
Defendant.

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No. 3:15-0480
Judge Sharp

ORDER
The Magistrate Judge has entered a Report and Recommendation (“R & R”) (Docket No. 22)
in which he recommends that the unopposed Motion for Summary Judgment (Docket No. 16) filed
by Defendant Montgomery County, Tennessee on Plaintiff’s sole remaining claim be granted. No
objections to the R & R have been filed.
Having undertaken the de novo review required by Rule 72 of the Federal Rules of Civil
Procedure, the Court agrees with the recommended disposition because (1) Plaintiff did not file a
grievance on his claim that female jailers were allowed to view male inmates while showering, and
thus did not exhaust his administrative remedies as required by the Prison Litigation Reform Act;
and (2) Plaintiff failed to allege the existence of any deficient Montgomery County policy, practice,
or custom, much less allege that an official Montgomery County policy, practice, or custom caused
him constitutional injury.
Accordingly, the R & R (Docket No. 22) is hereby ACCEPTED and APPROVED;
Defendant’s Motion for Summary Judgment (Docket No. 16) is GRANTED; and Plaintiff’s
Complaint is hereby DISMISSED WITH PREJUDICE.
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The Clerk of the Court shall enter final judgment in accordance with Rule 58 of the Federal
Rules of Civil Procedure.
It is SO ORDERED.

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KEVIN H. SHARP
UNITED STATES DISTRICT JUDGE

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