Dowdy v. Sodergren

Full title: THOMAS DOWDY, Plaintiff, v. MICHAEL SODERGREN and WILLIAM GREEN, Defendants

Court: United States District Court, E.D. Michigan, Southern Division

Date published: Dec 19, 2005

Case No. 04-CV-71548 (E.D. Mich. Dec. 19, 2005)

Opinion

Case No. 04-CV-71548.

December 19, 2005

ORDER OF DISMISSAL WITHOUT PREJUDICE

GEORGE STEEH, District Judge

This case, brought in pro per by prisoner Thomas Dowdy, is again before this court following the Sixth Circuit's review of the court's entry of judgment for defendants. The Sixth Circuit has ruled by its case of Jones Bey v. Johnson, 407 F.3d 801, 805-06 (6^th Cir. 2005), issued while this case was pending before the Sixth Circuit on direct review, that dismissal of a complaint without prejudice is mandated when a prisoner fails to exhaust available administrative remedies as to each and every claim for relief before filing suit in this court. Dowdy v. Sodergren, et al., No. 05-1233, slip op. at 2 (6^th Cir. Nov. 22, 2005).

The Sixth Circuit has therefore reversed this court's earlier judgment and remanded the case for proceedings consistent withJones Bey. The mandate was issued November 29, 2005. Accordingly, plaintiff's complaint is hereby DISMISSED WITHOUT PREJUDICE.

IT IS SO ORDERED.