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OSCAR PRENTICE McDOWELL, Plaintiff, v. SHERIFF ANDY HUGHES, et al., Defendants.

ORDER

W. ALBRITTON III, Senior District Judge

The Magistrate Judge entered a Recommendation (Doc. #22) in this case to which no timely objections have been filed. After a review of the Recommendation, and after an independent review of the entire record, the Court finds that the Recommendation should be adopted. Accordingly, it is

ORDERED as follows:

a. the Recommendation (Doc. #22) of the Magistrate Judge is ADOPTED;
b. the motion to dismiss filed by Defendants (Doc. #16) is GRANTED to the extent Defendants seek dismissal of this case due to Plaintiff's failure to properly exhaust an administrative remedy available to him at the Houston County Jail; and
b. this case is DISMISSED without prejudice in accordance with the provisions of 42 U.S.C. § 1997e(a) due to Plaintiff's failure to exhaust an administrative remedy available to him at the Houston County Jail.

A separate judgment shall issue.

Done this 1st day of March, 2011.

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McDOWELL v. HUGHES
(Mar 1, 2011)