Addones Spencer v. S. Phillips, No. 13-1904 (8th Cir. 2013)
Annotate this CaseCourt Description: Prisoner case - Bivens action. Dismissal affirmed without comment. [ November 04, 2013
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 13-1904 ___________________________ Addones Spencer lllllllllllllllllllll Plaintiff - Appellant v. S. Phillips, RN, Federal Correctional Complex-Forrest City; William Resto, Doctor, Federal Correctional Complex-Forrest City; T. Hall, Teacher, FCI-Forrest City; S. Lopez, Unit Counselor, FCI-Forrest City lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Helena ____________ Submitted: October 31, 2013 Filed: November 5, 2013 [Unpublished] ____________ Before LOKEN, BYE, and BENTON, Circuit Judges. ____________ PER CURIAM. Federal inmate Addones Spencer appeals following the district court s1 dismissal of his action under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971). Upon de novo review, see King v. Iowa Dep t of Corr., 598 F.3d 1051, 1052 (8th Cir. 2010), we conclude that the district court properly denied preliminary injunctive relief and, based on the record before the court, correctly dismissed the complaint without prejudice for lack of administrative exhaustion.2 The judgment of the district court is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Susan Webber Wright, United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Jerome T. Kearney, United States Magistrate Judge for the Eastern District of Arkansas. 2 In his appellate submissions, Spencer raises several new matters. We decline to address them. See Stone v. Harry, 364 F.3d 912, 914-15 (8th Cir. 2004). -2-
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