Smiley v. Smith (INMATE 1)
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,
STEVEN SMITH, Chaplain,
CIVIL ACTION NO.
In accordance with the memorandum opinion entered
today, it is the ORDER, JUDGMENT, and DECREE of the
court as follows:
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
(3) This lawsuit is dismissed without prejudice for
The clerk of the court is DIRECTED to enter this
This case is closed.
DONE, this the 7th day of August, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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