United States District Court, N.D. Alabama, Middle Division
July 7, 2015
VANTENZA COATS, Plaintiff,
MARTY FARMER, SHIRLEY SMITH, and BECKY COLLEY Defendants.
VIRGINIA EMERSON HOPKINS, District Judge.
This is a pro se prisoner case brought pursuant to 42 U.S.C. § 1983. According to his amended complaint, on August 16, 2011, Officers Marty Farmer, Shirley Smith, and Becky Colley subjected him to excessive force while he was incarcerated at the St. Clair County Jail.
The magistrate judge filed a report and recommendation on June 17, 2015, recommending that the special report filed by these defendants be construed as a motion for summary judgment and, as such, that it be granted and the claims against all of them be "DISMISSED WITHOUT PREJUDICE due to plaintiff's failure to exhaust the administrative remedies available to him." (Doc. 27 at p. 17)(emphasis in original). All parties were specifically notified of their respective rights to object to that recommendation and the time limit for doing so. Doc. 27 at pp. 17-18. However, no objections were filed.
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 ADOPTED and his recommendation is ACCEPTED as follows. The Court EXPRESSLY FINDS that plaintiff failed to exhaust his administrative remedies and that dismissal without prejudice is therefore appropriate. An appropriate order will be entered separately.