Moon v. Rayapati et al (INMATE2)

Filing 131

FINAL JUDGMENT, in accordance with the prior proceedings, opinions, and orders of the court, it is the ORDER, JUDGMENT and DECREE of the court that Plf James Moons claims against Defendants PHS, Inc., Dr. Samuel Rayapati, Dr. Travis Miers, Dr. Marvin West, Dr. William Shirley, Nurse Anthonette Marsh and Nurse Nettie Burk are dismissed without prejudice for failure of Mr. Moon to exhaust an available administrative remedy, in accordance with the provisions of 42 U.S.C. § 1997e(a), and that M r. Moons claims against Defendants Commissioner Richard Allen, Associate Commissioner Ruth Naglich, Warden J.C. Giles, Captain Larry Monk and Sergeant Sherwin Carter are DISMISSED with prejudice; directing the Clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the FRCP. Signed by Honorable William Keith Watkins on 9/29/08. (Attachments: # 1 civil appeals checklist)(djy, )

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IN THE UNITED STATES DISTRICT COURT F O R THE MIDDLE DISTRICT OF ALABAMA N O R T H E R N DIVISION J A M E S CHARLEY MOON, #212 228, P l a in tif f , v. S A M U E L RAYAPATI, M.D., et al., D e f e n d a n ts . ) ) ) ) ) ) ) ) ) C A S E NO. 2:06-CV-384-WKW (WO) F I N A L JUDGMENT In accordance with the prior proceedings, opinions, and orders of the court, it is the O R D E R , JUDGMENT and DECREE of the court that Plaintiff James Moon's claims against D e f en d a n ts PHS, Inc., Dr. Samuel Rayapati, Dr. Travis Miers, Dr. Marvin West, Dr. William S h irle y, Nurse Anthonette Marsh and Nurse Nettie Burk are dismissed without prejudice for f a ilu re of Mr. Moon to exhaust an available administrative remedy, in accordance with the p ro v is io n s of 42 U.S.C. 1997e(a), and that Mr. Moon's claims against Defendants C o m m is s io n e r Richard Allen, Associate Commissioner Ruth Naglich, Warden J.C. Giles, C a p ta in Larry Monk and Sergeant Sherwin Carter are DISMISSED with prejudice. T h e Clerk of the Court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. D O N E this 29th day of September, 2008. /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE

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