Billy W. Duke v. Fob James, Governor of the State of Alabama Charles Graddick, Attorney General of the State of Alabama

EDWARD S. SMITH, Circuit Judge:

This appeal is from the October 29, 1981, judgment of the United States District Court for the Southern District of Alabama dismissing without prejudice appellant’s cause of action under 42 U.S.C. § 1983 (1976). Judgment was entered in accordance with the magistrate’s recommendation that appellees’ motion to dismiss be granted because appellant failed to exhaust his state administrative remedies and upon the ground of Pullman 1 abstention. In light of the intervening decision by the U.S. Supreme Court in Patsy v. Board of Regents of Florida, 2 it is now…