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Oden v. Kilgore, 1:17-cv-00891-KOB-HNJ. (2019)

Court: District Court, N.D. Alabama Number: infdco20190820a23 Visitors: 16
Filed: Aug. 19, 2019
Latest Update: Aug. 19, 2019
Summary: MEMORANDUM OPINION KARON OWEN BOWDRE , Chief District Judge . The magistrate judge filed a report on July 1, 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. 43). Although the parties were advised of their right to file specific written objections within fourteen days, the court has rece
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MEMORANDUM OPINION

The magistrate judge filed a report on July 1, 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. 43). Although the parties were advised of their right to file specific written objections within fourteen days, 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 hereby ADOPTS the magistrate judge's report and ACCEPTS his recommendation. 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.

The court will enter a separate Final Order.

Source:  Leagle

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