From Casetext: Smarter Legal Research

Nealy v. Moore

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION
Nov 30, 2013
CIVIL ACTION NO.: 4:11-cv-187HTW-LRA (S.D. Miss. Nov. 30, 2013)

Opinion

CIVIL ACTION NO.: 4:11-cv-187HTW-LRA

11-30-2013

ROY NEALY PLAINTIFF v. SHERIFF JAMES MOORE


ORDER ADOPTING REPORT AND RECOMMENDATION

This matter is before the court pursuant to the Report and Recommendation of United States Magistrate Judge Linda R. Anderson which clearly notified the respective parties in the above-styled and numbered cause that failure to file written objections to the findings and recommendations contained therein within fourteen (14) days from the date of filing would bar further appeal in accordance with Title 28 U.S.C. § 636, and this court, finding that there has been no submission of written objections by any party, hereby adopts said Report and Recommendation as the order of this court.

This court grants the Defendant's [Docket no. 26] Motion to Dismiss or in the Alternative for Summary Judgment on the grounds that plaintiff did not exhaust his administrative remedies prior to filing suit. Alternatively, the Complaint is dismissed due to Plaintiff's failure to prosecute under FED. R. CIV. P. 41(b). A Final Judgment will be entered in favor of Defendant.

HENRY T. WINGATE

UNITED STATES DISTRICT JUDGE


Summaries of

Nealy v. Moore

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION
Nov 30, 2013
CIVIL ACTION NO.: 4:11-cv-187HTW-LRA (S.D. Miss. Nov. 30, 2013)
Case details for

Nealy v. Moore

Case Details

Full title:ROY NEALY PLAINTIFF v. SHERIFF JAMES MOORE

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION

Date published: Nov 30, 2013

Citations

CIVIL ACTION NO.: 4:11-cv-187HTW-LRA (S.D. Miss. Nov. 30, 2013)

Citing Cases

Tillman v. Dunkin-Hobbs

"The requirement of exhaustion applies regardless of Plaintiff's opinion on the efficacy of the institution's…

Riley v. Payne

"The requirement of exhaustion applies regardless of Plaintiff's opinion on the efficacy of the institution's…