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15-061 - McKinney v. Johnson et al


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15-061 - McKinney v. Johnson et al
May 2, 2017
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REPORT AND RECOMMENDATION: The Magistrate Judge recommends that the claims against all Defendants be dismissed for failure to exhaust administrative remedies and in the event the recommendation is not accepted concerning administrative remedies that the case be dismissed with prejudice against the Defendants Johnson, Macklin, and Mitchell, because the Plaintiff has not sufficiently alleged supervisory responsibility against these three supervisors. I further recommend that any appeal not be certified as taken in good faith. Signed by Magistrate Judge Joe Brown on 5/2/2017. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(eh)
June 7, 2017
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ORDER ADOPTING REPORT AND RECOMMENDATIONS: Pending before the Court is a Report and Recommendation of the Magistrate Judge (Doc. No. 87), to which no Objections have been filed. The Court has reviewed the Report and Recommendation and conducted a de novo review of the record. The Report and Recommendation is ADOPTED. Accordingly, Defendants' Motion for Summary Judgment (Doc. No. 81) is GRANTED. The Complaint is DISMISSED WITHOUT PREJUDICE for failure to exhaust administrative remedies. The July 10, 2017 pretrial conference and July 25, 2017 trial are CANCELED. The Clerk shall enter judgment in accordance with Federal Rule of Civil Procedure 58. The Court CERTIFIES that an appeal taken in forma pauperis from this Order would not be taken in good faith. 28 U.S.C. ยง 1915(a)(3) (2012). Signed by Chief Judge Waverly D. Crenshaw, Jr on 6/7/2017. (xc:Pro se party by regular mail. ) (eh)