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16-295 - Lewis v. Houston County Sheriff(INMATE 1)


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16-295 - Lewis v. Houston County Sheriff(INMATE 1)
July 8, 2016
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(WITHDRAWN PURSUANT TO 13 ORDER) RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that this case be dismissed without prejudice for failure of the plf to file an amendment to the complaint as directed by this court; Objections to R&R due by 7/22/2016. Signed by Honorable Judge Susan Russ Walker on 7/8/2016. (wcl, ) Modified on 8/9/2016 (djy, ).
August 2, 2016
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(VACATED pursuant to 12 ORDER) ORDER directing that: (1) the 8 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) this case is DISMISSED without prejudice for plf's failure to file an amendment to the complaint as directed by the court. Signed by Chief Judge William Keith Watkins on 8/2/16. (djy, ) Modified on 8/9/2016 (djy, ).
February 6, 2017
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RECOMMENDATION OF THE MAGISTRATE JUDGE: The court deems it appropriate to treat the special report filed by the defendant as a motion to dismiss with respect to the exhaustion defense. Thus, this case is now pending on the defendants' motion to dismiss. It is the RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The defendants' Motion to Dismiss filed by Houston County Sheriff be GRANTED to the extent the defendants seek dismissal of this case due to the plaintiff's failure to exhaust an administrative remedy previously available to him at the Houston County Jail prior to initiating this cause of action. 2. This case be DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. 1997e(a) for the plaintiff's failure to exhaust an administrative remedy before seeking relief from this court. 3. No costs be taxed herein. Objections to R&R due by 2/21/2017. Signed by Honorable Judge Susan Russ Walker on 2/6/2017. (dmn, )
March 17, 2017
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ORDER as follows: 1. The 34 Recommendation of the Magistrate Judge is ADOPTED; 2. Defendant's 25 Motion to Dismiss is GRANTED; 3. This case is DISMISSED with prejudice pursuant to 42 U.S.C. 1997e(a) for Plaintiff's failure to exhaust an administrative remedy; and 4. No costs are taxed. A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 3/17/2017. (dmn, )
May 30, 2017
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ORDER directing that Mr. Lewis's 43 Objections to Report and Recommendation of the Magistrate Judge is OVERRULED; further ORDERING that the court's 38 Order of March 31 is VACATED and the March 17 35 Order and 36 Final Judgment are REINSTATED; the reinstated Order and final judgment shall be effective as of today's date so that Mr. Lewis, should he desire to do so, has time to file an appeal. Signed by Chief Judge William Keith Watkins on 5/30/17. (Attachments: # (1) civil appeals checklist)(djy, )