Huggins v. Owens et al

Filing 71

ORDER DENYING 67 Motion to Resubmit. Ordered by Judge Marc Thomas Treadwell on 12/13/2010. (tlh)

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IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF GEORGIA MACON DIVISION DAVID PAUL HUGGINS, Plaintiff, v. BRIAN OWENS, et al., Defendants. ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 5:09-CV-377 MTT ORDER This matter is before the Court on the Plaintiff's Motion to Resubmit his 1983 Complaint After Exhausting Administrative Remedies (Doc. 67) (the "Motion"). This Court, in a previous Order (Doc. 55), adopted the recommendation of the Magistrate Judge to dismiss the Plaintiff's case for his failure to exhaust his administrative remedies. The Plaintiff now claims that he has exhausted his administrative remedies and asks that his Complaint be resubmitted. If the Plaintiff wishes to resubmit his Complaint, he must do so in a new lawsuit. As the Court has mentioned before, the Plaintiff's case was dismissed without prejudice so he may refile. But the Plaintiff cannot resubmit his Complaint in the very case that has been dismissed. Therefore, the Motion (Doc. 67) is DENIED. SO ORDERED, this the 13th day of December, 2010. S/ Marc T. Treadwell MARC T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT jch 2

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