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16-255 - Presley v. Dunn (INMATE 2)


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16-255 - Presley v. Dunn (INMATE 2)
January 12, 2017
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REPORT AND RECOMMENDATION of the Magistrate Judge that: (1) the def's 20 MOTION to Dismiss be GRANTED to the extent def seeks dismissal of this case due to plf's failure to properly exhaust an administrative remedy available to him at the Fountain Corr Fac prior to initiating this cause of action; (2) this case be DISMISSED without prejudice under 42 USC 1997e(a) for plf's failure to properly exhaust an administrative remedy available to him at the Fountain Correctional Facility; (3) no costs be taxed herein; Objections to R&R due by 1/26/2017. Signed by Honorable Judge Wallace Capel, Jr on 1/12/17. (djy, )
February 2, 2017
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ORDERING and ADJUDGING that the 24 REPORT AND RECOMMENDATION of the Magistrate Judge be and is hereby ADOPTED, and this case be and is hereby DISMISSED as follows: (1) def's 20 Motion to Dismiss is GRANTED to the extent Def seeks dismissal of this case due to Plf's failure to properly exhaust an administrative remedy available to him at the Fountain Correctional Facility prior to initiating this cause of action; (2) this case is DISMISSED without prejudice under 42 U.S.C. 1997e(a) for Plf's failure to properly exhaust an administrative remedy available to him at the Fountain Correctional Facility; (3) no costs are taxed. Signed by Honorable Judge W. Harold Albritton, III on 2/2/17. (djy, )