Greene v. Wheeler Correctional Facility et al, No. 3:2011cv00023 - Document 46 (S.D. Ga. 2013)
Court Description: ORDER ADOPTING REPORT AND RECOMMENDATIONS of the Magistrate Judge as the opinion of the Court; granting 35 Motion for Summary Judgment by the Defendants; Plaintiff's complaint is dismissed without prejudice, and the final judgment shall be entered in favor of Defendants. Signed by Judge Dudley H. Bowen on 2/15/2013. (dhh)
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Greene v. Wheeler Correctional Facility et al Doc. 46 ,r nCninP,r,,,,, IN THE LTNITED STATESDISTRICTCOURT :lilr:54 6;1 i5 9,5g DISTRICTOF GEORGIA FORTHE SOUTHERN DUBLIN DIVISION f,LENK qn r lr cli WAYMON GREENE, Plaintifl cv 311-023 ROBERT ROSIER,Warden,et al., Defendants, ORDER After a careful, de novo review of the file, the Court concurswith the Magistrate to Judge'sReport and Recommendation, which no objectionshavebeen filed. Accordingly, Judgeis ADOPTED asthe opinion of the of the Repod and Recommendation the Magistrate is Defendants' motion for summaryjudgment GRANTED asto exhaustion, Court. Therefore, Plaintiffs complaint is DISMISSED *'ithout prejudice,t and a hnal judgrnent shall be ENTERED in favor of Defendants. Georgia. So oRDERED l4a-Hi.uruary,2013, atAugusta, tr'i. rAlthough Defendants clearly entitledto summary judgment basedon Plaintiff s are his administrative and althoughit is at leastarguable failureto exhaust remedies, that a district court has authority to dismiss a prisoner's claims with prejudice for failure to exhaust remedies, is thepracticeof this Courtto dismisscases it suchasthis onewithout administrative prejudice,in order that the prisoner-plaintiffmay attemptto properly exhaustadministrative 418 Marshv. remedies. Johnson Meadows, F.3d 1152,ll57 (1lth Cir. 2005)(quoting Cf. v. (5thCir. I 995))("fw]ithouttheprospect a dismissal Jones, F.3d707 53 of with prejudice, ,710 grievance by requirement filing no administrative by or a prisonercould evadethe exhaustion filing an untimelyone"). intentionally Dockets.Justia.com
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