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Rodriguez v. Cal. Dep't of Corr.

United States District Court, N.D. Mississippi, Oxford Division
Jan 27, 2023
3:20CV32-NBB-RP (N.D. Miss. Jan. 27, 2023)

Opinion

3:20CV32-NBB-RP

01-27-2023

JOHN C. RODRIGUEZ PLAINTIFF v. CALIFORNIA DEPARTMENT OF CORRECTIONS, DR. THOMAS DEFENDANTS


FINAL JUDGMENT

NEAL B. BIGGERS, JR, UNITED STATES DISTRICT JUDGE

In accordance with the memorandum opinion entered this day, the instant case is DISMISSED with prejudice as frivolous, counting as a “STRIKE” under 28 U.S.C. § 1915(g); in the alternative, the case is DISMISSED without prejudice for failure to exhaust administrative remedies.

The court has discretion to dismiss a prisoner § 1983 case both on the merits, and, in the alternative, for failure to exhaust administrative remedies. See Martinez v. Bus Driver, 344 Fed.Appx. 46, 49 (5th Cir. 2009) (per curiam) (upholding district court's dismissal of prisoner § 1983 case both on the merits and, alternatively, for failure to exhaust administrative remedies); see also Gonzalez v. Prasifka, 54 Fed.Appx. 406 (5th Cir. 2002) (District Court “did not err in dismissing [the plaintiff's § 1983] action [on the merits and] on the alternative ground that he failed to exhaust his administrative remedies.”)

SO ORDERED.


Summaries of

Rodriguez v. Cal. Dep't of Corr.

United States District Court, N.D. Mississippi, Oxford Division
Jan 27, 2023
3:20CV32-NBB-RP (N.D. Miss. Jan. 27, 2023)
Case details for

Rodriguez v. Cal. Dep't of Corr.

Case Details

Full title:JOHN C. RODRIGUEZ PLAINTIFF v. CALIFORNIA DEPARTMENT OF CORRECTIONS, DR…

Court:United States District Court, N.D. Mississippi, Oxford Division

Date published: Jan 27, 2023

Citations

3:20CV32-NBB-RP (N.D. Miss. Jan. 27, 2023)