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15-720 - Monora v. Whitehead et al (INMATE 1)


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15-720 - Monora v. Whitehead et al (INMATE 1)
April 27, 2016
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RECOMMENDATION OF THE MAGISTRATE JUDGE that: Pursuant to the 3/16/2016 order, the court deems it appropriate to treat the defendants' report 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 be GRANTED to the extent the defendants seek dismissal of this case due to the plaintiffs failure to properly exhaust an administrative remedy available to him at the Macon County Detention Facility prior to initiating this cause of action. 2. This case be dismissed with prejudice in accordance with the provisions of 42 U.S.C. ยง 1997e(a) for the plaintiffs failure to properly exhaust an administrative remedy previously available to him at the Macon County Detention Facility. 3. No costs be taxed herein.Objections to R&R due by 5/12/2016.Signed by Honorable Judge Terry F. Moorer on 4/27/2016. (dmn, )
June 20, 2016
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OPINION. Signed by Honorable Judge Myron H. Thompson on 6/20/2016. (wcl, )
June 20, 2016
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JUDGMENT: it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The US Magistrate Judge's 35 recommendation is adopted; (2) The 29 motion to dismiss is granted due to the plf's failure to properly exhaust an administrative remedy available to him at the Macon County Detention Facility prior to initiating this cause of action; (3) This lawsuit is dismissed in its entirety with prejudice, with no costs taxed; DIRECTING the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/20/2016. (Attachments: # (1) Civil Appeals Checklist) (wcl, )