Spangler v. Duffell et al (INMATE 2)

Filing 25

OPINION. An appropriate judgment will be entered. Signed by Honorable Judge Myron H. Thompson on 6/19/2017. (dmn, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
MARCUS MONTEZ SPANGLER,

)
)
)
)
)
)
)
)
)

Plaintiff,
v.
MS. DUFFELL,
Defendant.

CIVIL ACTION NO.
2:16cv793-MHT
(WO)

OPINION
Pursuant to 42 U.S.C. § 1983, plaintiff, a state
inmate, filed this lawsuit complaining that he did not
receive

medical

injured foot.
the

care

that

granted

of

defendant’s

based

administrative

by

a

physician

for

an

This lawsuit is now before the court on

recommendation

Judge

ordered

on

the

United

motion

plaintiff’s

remedy

to

States
dismiss

failure

process

Magistrate

to

before

should

exhaust
filing

be
the

this

lawsuit, and that this case should be dismissed without
prejudice.
recommendation.

There

are

no

objections

to

the

Because plaintiff has failed to offer

any explanation for his failure to file a grievance

appeal, and after an independent and de novo review of
the

record,

the

court

concludes

that

the

magistrate

judge’s recommendation should be adopted.
An appropriate judgment will be entered.
DONE, this the 19th day of June, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE