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Aldin v. Workman

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


April 9, 2010

NAJAM ALDIN, PLAINTIFF,
v.
SCOTT WORKMAN AND J. BANAL, DEFENDANTS.

The opinion of the court was delivered by: Reagan, District Judge

MEMORANDUM AND ORDER

On April 21, 2008, Najam Aldin filed suit against Scott Workman and J. Banal pursuant to 42 U.S.C. § 1983.*fn1 Aldin alleges that Defendants violated his First Amendment right to practice his religion by interfering with his attempts to observe his fast during Ramadan.

On March 17, 2010, Magistrate Judge Clifford J. Proud submitted a Report and Recommendation ("the Report") pursuant to 28 U.S.C. § 636(b)(1)(B), regarding Defendants' motion for summary judgment (Doc. 21). The Report finds that Aldin admittedly failed to exhaust his administrative remedies, as required under 42 U.S.C. § 1997e(a). The Report also finds that Aldin's arguments that he should be allowed to proceed despite his failure to exhaust were unavailing. First, exhaustion is mandatory. Second, there is no futility exception to exhaustion. Third, the Grievance Officer's and the Chief Administrative Officer's responses to Aldin's grievances were not untimely. And fourth, the Court has no authority to waive the exhaustion requirement.

The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within ten days of service of the Report. To date, neither party has filed objections. The period in which to file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).

Accordingly, the Court ADOPTS the Report and Recommendation (Doc. 32) in its entirety, GRANTS Defendants' motion for summary judgment (Doc. 21) and DISMISSES this action with prejudice. This case is now closed.

IT IS SO ORDERED.

MICHAEL J. REAGAN United States District Judge


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