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Jernigan v. Allen

United States District Court, M.D. Georgia, Valdosta Division

June 5, 2015

DEMETRIUS JERNIGAN, Plaintiff,
v.
Warden MARTY ALLEN, et al., Defendants.

ORDER

W. LOUIS SANDS, Sr., District Judge.

On May 12, 2015, United States Magistrate Judge Thomas Q. Langstaff filed a Recommendation recommending that the Court dismiss Plaintiff Demetrius Jernigan's complaint without prejudice because Jernigan has not yet exhausted his administrative remedies. ( See Doc. 6.) In his complaint, Jernigan alleged that he has begun the grievance procedure but that procedure has not yet been exhausted. ( See Doc. 1 at 3.) Jernigan did not file an objection within fourteen days as permitted by Judge Langstaff's Recommendation or 28 U.S.C. ยง 636. ( See generally Docket.) He did, however, file a letter stating that he intends to refile his complaint. ( See Doc. 7.) The Court agrees with Judge Langstaff's finding that Jernigan's complaint should be dismissed for failure to exhaust because Jernigan alleged in his complaint that he has not yet exhausted his administrative remedies.

Upon full review and consideration of the record, Judge Langstaff's Recommendation (Doc. 6) should be, and hereby is, ACCEPTED, ADOPTED and made the Order of this Court for reason of the findings made and reasons stated therein, together with the reasons stated and conclusions reached herein. As such, Defendant Demetrius Jernigan's complaint (Doc. 1) is DISMISSED WITHOUT PREJUDICE. To the extent Jernigan wishes to refile this suit, he should file a new complaint to be docketed under a new case number.

SO ORDERED.


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