Smiley v. Smith (INMATE 1)

Filing 22

JUDGMENT, in accordance with the memorandum opinion enteredtoday, it is the ORDER, JUDGMENT, and DECREE of thecourt as follows: (1) the 20 REPORT AND RECOMMENDATION of the Magistrate Judge is adopted; (2) def's 13 Motion to Dismiss is gr anted to the extent that def seeks dismissal on the basis of failure to exhaust administrative remedies; (3) this lawsuit is dismissed without prejudice for failure to exhaust administrative remedies, with no costs taxed; directing the clerk to enter this document on the civil docket as a final judgment pursuant to Rule 58 FRCP; this case is closed. Signed by Honorable Judge Myron H. Thompson on 8/7/17. (Attachments: # 1 civil appeals checklist)(djy, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DAVID J. SMILEY-BEY,
a.k.a. David J. Smiley,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
STEVEN SMITH, Chaplain,
Defendant.

CIVIL ACTION NO.
2:14cv1083-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. 20) is adopted.
(2) Defendant’s motion to dismiss (doc. no. 13) is
granted to the extent that defendant seeks dismissal on
the

basis

remedies.

of

failure

to

exhaust

administrative

(3) This lawsuit is dismissed without prejudice for
failure

to

exhaust

administrative

remedies,

with

no

costs taxed.
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