Addones Spencer v. S. Phillips, et al


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Kermit E. Bye and Duane Benton (UNPUBLISHED) [4092760] [13-1904]

Download PDF
United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1904 ___________________________ Addones Spencer lllllllllllllllllllll Plaintiff - Appellant v. S. Phillips, RN, Federal Correctional Complex-Forrest City; William Resto, Doctor, Federal Correctional Complex-Forrest City; T. Hall, Teacher, FCI-Forrest City; S. Lopez, Unit Counselor, FCI-Forrest City lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Helena ____________ Submitted: October 31, 2013 Filed: November 5, 2013 [Unpublished] ____________ Before LOKEN, BYE, and BENTON, Circuit Judges. ____________ PER CURIAM. Appellate Case: 13-1904 Page: 1 Date Filed: 11/05/2013 Entry ID: 4092760 Federal inmate Addones Spencer appeals following the district court’s1 dismissal of his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Upon de novo review, see King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (8th Cir. 2010), we conclude that the district court properly denied preliminary injunctive relief and, based on the record before the court, correctly dismissed the complaint without prejudice for lack of administrative exhaustion.2 The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas. 2 In his appellate submissions, Spencer raises several new matters. We decline to address them. See Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004). -2- Appellate Case: 13-1904 Page: 2 Date Filed: 11/05/2013 Entry ID: 4092760

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?