Addones Spencer v. S. Phillips, et al

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Kermit E. Bye and Duane Benton (UNPUBLISHED) [4092760] [13-1904]

United States Court of Appeals
For the Eighth Circuit
___________________________
No. 13-1904
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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
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Appeal from United States District Court
for the Eastern District of Arkansas - Helena
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Submitted: October 31, 2013
Filed: November 5, 2013
[Unpublished]
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Before LOKEN, BYE, and BENTON, Circuit Judges.
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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.
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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