Rodriguez v. California Department of Corrections et al, No. 3:2020cv00032 - Document 60 (N.D. Miss. 2023)
Court Description: FINAL JUDGMENT- DISMISSED. CASE CLOSED. Signed by Senior Judge Neal B. Biggers on 1/27/2023. (cb)
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Rodriguez v. California Department of Corrections et al Doc. 60 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION JOHN C. RODRIGUEZ PLAINTIFF v. No. 3:20CV32-NBB-RP CALIFORNIA DEPARTMENT OF CORRECTIONS DR. THOMAS DEFENDANTS FINAL JUDGMENT 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.1 SO ORDERED, this, the 27th day of January, 2023. /s/ Neal Biggers NEAL B. BIGGERS, JR UNITED STATES DISTRICT JUDGE 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 F. App’x 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 F. App’x 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.”) 1 Dockets.Justia.com
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