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16-374 - Tharp v. Reed et al (INMATE 1)


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16-374 - Tharp v. Reed et al (INMATE 1)
October 20, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: it is the RECOMMENDATION of the Magistrate Judge that: 1) The dfts' 23 motion to dismiss be GRANTED to the extent that the dfts seek dismissal of this case due to the plf's failure to exhaust properly 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 USC 1997e(a) for the plf's failure to exhaust properly an administrative remedy before seeking relief from this court; 3) No costs be taxed herein; Objections to R&R due by 11/3/2016. Signed by Honorable Judge Susan Russ Walker on 10/20/2016. (wcl, )
November 14, 2016
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ORDER directing as follows: (1) the 27 REPORT AND RECOMMENDATION of the Magistrate Judge is ADOPTED; (2) defs' 23 Motion to Dismiss is GRANTED; (3) this case is DISMISSED with prejudice in accordance wit the provisions of 42 U.S.C 1997e(a) for Pl's failure to exhaust an administrative remedy before seeking relief from the court; and (4) no costs are taxed. Signed by Chief Judge William Keith Watkins on 11/14/16. (djy, )