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.