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16-591 - Berry v. Jones et al (INMATE 1)


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16-591 - Berry v. Jones et al (INMATE 1)
December 7, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: 1. The defendants' 32 motion to dismiss be GRANTED to the extent the defendants seek dismissal of this case due to the plaintiff's 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 plaintiff's failure to properly exhaust an administrative remedy before seeking relief from this court. 3. No costs be taxed herein. Objections to R&R due by 12/21/2016. Signed by Honorable Judge Wallace Capel, Jr on 12/7/2016.
January 5, 2017
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ORDER: On December 7, 2016, the Magistrate Judge filed a Recommendation to which no timely objections have been filed. (Doc. # 35) Upon an independent review of the record and upon consideration of the Recommendation, it is ORDERED that the Recommendation is ADOPTED, Defendants motion to dismiss is GRANTED, and Plaintiffs complaint is DISMISSED with prejudice pursuant to 42 U.S.C. § 1997e(a). A final judgment will be entered separately. Signed by Chief Judge William Keith Watkins on 1/5/2017. (kh, ).