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16-563 - Steib v. Reed et al (INMATE 1)


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16-563 - Steib v. Reed et al (INMATE 1)
December 13, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE: The Court deems it appropriate to treat the 20 Special Report filed by the defendants as a MOTION to Dismiss with respect to the exhaustion defense. It is the RECOMMENDATION of the Magistrate Judge that: 1. The defendants motion to dismiss be GRANTED to the extent thedefendants seek dismissal of this case due to the plaintiffs failure to properly 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 plaintiffs failure to properly exhaust an administrativeremedy before seeking relief from this court. 3. No costs be taxed herein. Objections to R&R due by 12/27/2016. Signed by Honorable Judge Gray M. Borden on 12/13/2016. (dmn, )
January 13, 2017
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ORDER: It is ORDERED as follows: (1) The Recommendation (Doc. 24) is ADOPTED.(2) This action is DISMISSED with prejudice under 42 U.S.C. 1997e(a) for Plaintiffs failure to exhaust properly an administrative remedy prior to seeking relief from this court. (3) No costs are taxed. A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 1/13/2017. (dmn, )