Spangler v. Duffell et al (INMATE 2)

Filing 26

JUDGMENT: It is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 24 ) is adopted. (2) Defendants motion to dismiss (doc. no. 22 ) is granted on the basis of failure to exhaust administrative remedies. (3) This lawsuit is dismissed without prejudice. It is further ORDERED that costs are taxed against plaintiff, for which execution may issue. The clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to FRCP 58. This case is closed. Signed by Honorable Judge Myron H. Thompson on 6/19/2017. (Attachments: # 1 Civil Appeals Checklist)(dmn, )

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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) JUDGMENT In accordance with the memorandum opinion entered this date, it is the ORDER, JUDGMENT, and DECREE of the court as follows: (1) The United States Magistrate Judge's recommendation (doc. no. 24) is adopted. (2) Defendant’s motion to dismiss (doc. no. 22) is granted on the basis of failure to exhaust administrative remedies. (3) This lawsuit is dismissed without prejudice. It is further ORDERED that costs are taxed against plaintiff, for which execution may issue. 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 19th day of June, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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