Mertens v. Mojica, 3:17-cv-01747-LSC-JEO. (2019)
Court: District Court, N.D. Alabama
Number: infdco20190701744
Visitors: 13
Filed: Jun. 28, 2019
Latest Update: Jun. 28, 2019
Summary: MEMORANDUM OPINION L. SCOTT COOGLER , District Judge . The magistrate judge filed a report on May 23, 2019, construing the defendants' motion for summary judgment as a motion to dismiss and recommending the motion be granted and the claims be dismissed without prejudice pursuant to 42 U.S.C. 1997e(a) for failing to exhaust administrative remedies. (Doc. 35). In the alternative, the magistrate judge recommended that the defendants' motion for summary judgment be granted and this action be
Summary: MEMORANDUM OPINION L. SCOTT COOGLER , District Judge . The magistrate judge filed a report on May 23, 2019, construing the defendants' motion for summary judgment as a motion to dismiss and recommending the motion be granted and the claims be dismissed without prejudice pursuant to 42 U.S.C. 1997e(a) for failing to exhaust administrative remedies. (Doc. 35). In the alternative, the magistrate judge recommended that the defendants' motion for summary judgment be granted and this action be d..
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MEMORANDUM OPINION
L. SCOTT COOGLER, District Judge.
The magistrate judge filed a report on May 23, 2019, construing the defendants' motion for summary judgment as a motion to dismiss and recommending the motion be granted and the claims be dismissed without prejudice pursuant to 42 U.S.C. § 1997e(a) for failing to exhaust administrative remedies. (Doc. 35). In the alternative, the magistrate judge recommended that the defendants' motion for summary judgment be granted and this action be dismissed with prejudice. (Id.). Although the parties were advised of their right to file specific written objections within fourteen days, no objections have been received by the court.
Having carefully reviewed and considered de novo all the materials in the court file, including the report and recommendation, the magistrate judge's report is hereby ADOPTED and the recommendation is ACCEPTED. Accordingly, the defendants' motion to dismiss is due to be granted and the plaintiff's claims are due to be dismissed without prejudice pursuant to 42 U.S.C. § 1997e(a) for failing to exhaust administrative remedies. In the alternative, the defendants' motion for summary judgment is due to be granted on the merits and the plaintiff's claims are due to be dismissed with prejudice.
A separate order will be entered.
DONE and ORDERED.
Source: Leagle
