Cook v. Smith (INMATE 1)

Filing 28

JUDGMENT: In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 26 ) is adopted. (2) Defendant's motion to dismiss (doc. no. 21 ) is granted to the extent that defendant seeks dismissal for failure to exhaust administrative remedies. (3) This lawsuit is dismissed without prejudice, with no costs taxed, for plaintiff's failure to exhaust an avail able administrative remedy. The 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. This case is closed. Signed by Honorable Judge Myron H. Thompson on 8/7/2017. (kh, ) (Additional attachment(s) added on 8/7/2017: # 1 Civil Appeals Checklist) (kh, ).

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION KENDRICK COOK-BEY, a.k.a. KENDRICK COOK, Plaintiff, v. STEVEN SMITH, Chaplain, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:14cv1067-MHT (WO) JUDGMENT In accordance with the memorandum opinion entered today, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 26) is adopted. (2) Defendant’s motion to dismiss (doc. no. 21) is granted to the extent that defendant seeks dismissal for failure to exhaust administrative remedies. (3) This lawsuit is dismissed without prejudice, with no costs taxed, for plaintiff’s failure to exhaust an available administrative remedy. The clerk of the court is DIRECTED to enter this document on the civil pursuant to Rule 58 of docket the as a Federal final Rules judgment of Civil Procedure. This case is closed. DONE, this the 7th day of August, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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