Summary
finding that plaintiff failed to exhaust and noting that "[p]laintiff relies on his own conclusory allegations submitted in response to Defendants' dispositive motion that he complied with the jail's administrative remedies, his equivocal allegation that his grievance forms may have `gotten past' Defendants, and his contention that the copy of the grievance form contained in Defendants' evidentiary materials is not the same form with which he is familiar."
Summary of this case from Lester v. HadleyOpinion
CIVIL ACTION NO. 1:07cv52-MHT (WO).
December 31, 2008
ORDER
On December 2, 2008, the magistrate judge filed a recommendation in this case to which no timely objections have been filed. Upon an independent and de novo review of the file in this case and upon consideration of the recommendation of the magistrate judge, it is ORDERED and ADJUDGED that the recommendation of the magistrate judge (Doc. # 18) is adopted and that:
1. Defendants' motion for summary judgment (Doc. # 9) is granted to the extent that defendants seek dismissal of this case due to plaintiff's failure to exhaust an administrative remedy;
2. This case is dismissed without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a), Woodford v. Ngo, ___ U. S. ___, 126 S. Ct. 2378 (2006); and
3. No costs are taxed.