Summary
dismissing action because of plaintiff's failure to exhaust administrative remedies and stating "[p]laintiff's conclusory unsworn allegation that administrative remedies were unavailable without any supporting evidence is insufficient."
Summary of this case from Lester v. HadleyOpinion
CASE NO. 3:05-CV-1163-WKW (WO).
December 2, 2008
ORDER
There being no objections filed to the Recommendation of the Magistrate Judge (Doc. # 35), and upon an independent review of the file in this case, it is ORDERED as follows:
(1) The Recommendation is adopted.
(2) Defendants' motion for summary judgment (Doc. # 11) is GRANTED to the extent Defendants seek dismissal for Plaintiff's failure to exhaust available administrative remedies.
(3) This case is DISMISSED with prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) for Plaintiff's failure to exhaust an administrative remedy available to him during his confinement in the Chambers County Detention Center.
An appropriate judgment will be entered.