WOOTEN v. U.S., 4:14-cv-00206-AKK-JHE. (2015)
Court: District Court, N.D. Alabama
Number: infdco20151028a14
Visitors: 21
Filed: Oct. 27, 2015
Latest Update: Oct. 27, 2015
Summary: MEMORANDUM OF OPINION ABDUL K. KALLON , District Judge . The magistrate judge filed a report and recommendation on September 1, 2015, recommending that the defendant's motion for summary judgment be granted due to the plaintiff's failure to exhaust his administrative remedies as required by the Federal Tort Claims Act, 28 U.S.C. 1346. Doc. 24. Although the parties were allowed fourteen (14) days to file objections, the court has received no objections. Having carefully reviewed and consi
Summary: MEMORANDUM OF OPINION ABDUL K. KALLON , District Judge . The magistrate judge filed a report and recommendation on September 1, 2015, recommending that the defendant's motion for summary judgment be granted due to the plaintiff's failure to exhaust his administrative remedies as required by the Federal Tort Claims Act, 28 U.S.C. 1346. Doc. 24. Although the parties were allowed fourteen (14) days to file objections, the court has received no objections. Having carefully reviewed and consid..
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MEMORANDUM OF OPINION
ABDUL K. KALLON, District Judge.
The magistrate judge filed a report and recommendation on September 1, 2015, recommending that the defendant's motion for summary judgment be granted due to the plaintiff's failure to exhaust his administrative remedies as required by the Federal Tort Claims Act, 28 U.S.C. § 1346. Doc. 24. Although the parties were allowed fourteen (14) days to file objections, the court has received no objections.
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the court is of the opinion that the magistrate judge's report is due to be and is hereby is ADOPTED and the recommendation is ACCEPTED. Accordingly, to the extent the plaintiff's claims are based on the October 24, 2012 Administrative Decision, summary judgment is due to be GRANTED because no genuine issues of material fact remain and the defendant is entitled to judgment in its favor on any such claims. To the extent the plaintiff's claims are based on injuries he sustained after the October 24, 2012 Administrative Decision, those claims are due to be DISMISSED WITHOUT PREJUDICE due to the plaintiff's failure to exhaust his administrative remedies. A Final Judgment will be entered.
Source: Leagle
