Huggins v. Owens

Full title: DAVID PAUL HUGGINS, Plaintiff, v. BRIAN OWENS, et al., Defendants

Court: United States District Court, M.D. Georgia, Macon Division

Date published: Dec 13, 2010

CIVIL ACTION NO. 5:09-CV-377 MTT (M.D. Ga. Dec. 13, 2010)

Opinion

CIVIL ACTION NO. 5:09-CV-377 MTT.

December 13, 2010

ORDER

MARC TREADWELL, District Judge

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 13^th day of December, 2010.