Filed: Apr. 17, 2008
Latest Update: Feb. 21, 2020
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT APRIL 17, 2008 THOMAS K. KAHN No. 07-14765 CLERK Non-Argument Calendar _ D. C. Docket No. 06-00287-CV-J-32-MCR RONNIE JONES, Plaintiff-Appellant, versus NASSAU COUNTY CORRECTIONAL OFFICERS, J. STOUT, Correctional Officer, OFC. ORR, Correctional Officer, W. WILSON, Correctional Officer, OFC. LEE, Correctional Officer, Defendants-Appellees. _ Appeal from the United States
Summary: [DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FILED FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS _ ELEVENTH CIRCUIT APRIL 17, 2008 THOMAS K. KAHN No. 07-14765 CLERK Non-Argument Calendar _ D. C. Docket No. 06-00287-CV-J-32-MCR RONNIE JONES, Plaintiff-Appellant, versus NASSAU COUNTY CORRECTIONAL OFFICERS, J. STOUT, Correctional Officer, OFC. ORR, Correctional Officer, W. WILSON, Correctional Officer, OFC. LEE, Correctional Officer, Defendants-Appellees. _ Appeal from the United States D..
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[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
APRIL 17, 2008
THOMAS K. KAHN
No. 07-14765
CLERK
Non-Argument Calendar
________________________
D. C. Docket No. 06-00287-CV-J-32-MCR
RONNIE JONES,
Plaintiff-Appellant,
versus
NASSAU COUNTY CORRECTIONAL OFFICERS,
J. STOUT,
Correctional Officer,
OFC. ORR,
Correctional Officer,
W. WILSON,
Correctional Officer,
OFC. LEE,
Correctional Officer,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Florida
_________________________
(April 17, 2008)
Before MARCUS, WILSON and PRYOR, Circuit Judges.
PER CURIAM:
Ronnie Jones, a state prisoner, appeals pro se the summary judgment in
favor of Nassau County Correctional Officers Stout, Orr, Wilson, and Lee and
against Jones’s complaint that the officers violated his civil rights under the Eighth
and Fourteenth Amendments. 42 U.S.C. § 1983. The district court ruled that
Jones failed to exhaust available administrative remedies under the Prison
Litigation Reform Act. 42 U.S.C. § 1997e(a). We affirm.
Under section 1997e(a), “[n]o action shall be brought with respect to prison
conditions under section 1983 of this title . . . by a prisoner confined in any jail,
prison, or correctional facility until such administrative remedies as are available
are exhausted.” This requirement of exhaustion is mandatory. Johnson v.
Meadows,
418 F.3d 1152, 1155 (11th Cir. 2005). We review de novo the
interpretation of this provision.
Id.
The record establishes that the jail provided an administrative grievance
procedure, and Jones failed to comply with that procedure. Under the three-step
procedure, the inmate was required to notify the supervising sergeant of any
grievance and, if the matter was not resolved or the inmate was dissatisfied with
the outcome, the inmate could appeal to the lieutenant and then to the captain of
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the jail. Captain Sidney Buck recalled that Jones had become combative with
officers when he received a uniform and was placed in administrative confinement.
Both Buck and the sergeant in charge, Nolan Chancey, filed affidavits stating that
Jones had not orally complained or filed a written grievance after the incident.
The district court was correct to enter summary judgment in favor of the
officers. Jones produced no evidence that he followed the grievance procedure.
Although Jones alleges that the Nassau County Jail does not have an adequate
grievance procedure, the alleged inadequacy of the procedure does not excuse his
failure to comply with it at all. See Higginbottom v. Carter,
223 F.3d 1259, 1261
(11th Cir. 2000).
The summary judgment in favor of the Nassau County officers is
AFFIRMED.
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