Elsberry v. Darbouze (INMATE1)
||March 31, 2011
||US District Court for the Middle District of Alabama
||Truman M. Hobbs
||Susan Russ Walker
|Nature of Suit:
|Cause of Action:
||42 U.S.C. § 1983
|Jury Demanded By:
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|September 20, 2011
ORDER AND OPINION: it is ORDERED and ADJUDGED that the 11 Recommendation of the Magistrate Judge be and is hereby ADOPTED and that: 1) The 8 Motion to Dismiss filed by dft Darbouze is GRANTED to the extent that dfts seeks dismissal of this case d ue to plf's failure to properly exhaust an administrative remedy currently available to him at the Easterling Correctional Facility; 2) This case is DISMISSED without prejudice pursuant to the provisions of 42 USC § 1997e(a) for the plf's failure to exhaust an administrative remedy presently available to him at the Easterling Correctional Facility. Signed by Honorable Judge Truman M. Hobbs on 9/20/2011. (wcl, )
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