PALMORE v. TUCKER, CV510-040. (2012)
Court: District Court, S.D. Georgia
Number: infdco20120228789
Visitors: 13
Filed: Feb. 27, 2012
Latest Update: Feb. 27, 2012
Summary: ORDER LISA GODBEY WOOD, Chief District Judge. After an independent and do novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Plaintiff asserts that he did not provide his signature on the informal grievances, which would have indicated whether he felt these grievances were resolved at the informal level. Plaintiff also asserts that he did not acknowledge in writing whether h
Summary: ORDER LISA GODBEY WOOD, Chief District Judge. After an independent and do novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Plaintiff asserts that he did not provide his signature on the informal grievances, which would have indicated whether he felt these grievances were resolved at the informal level. Plaintiff also asserts that he did not acknowledge in writing whether he..
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ORDER
LISA GODBEY WOOD, Chief District Judge.
After an independent and do novo review of the entire record, the undersigned concurs with the Magistrate Judge's Report and Recommendation, to which Objections have been filed. In his Objections, Plaintiff asserts that he did not provide his signature on the informal grievances, which would have indicated whether he felt these grievances were resolved at the informal level. Plaintiff also asserts that he did not acknowledge in writing whether he wanted a formal grievance form. According to Plaintiff, the Standard Operating Procedure ("SOP") governing the grievance procedures required that he sign the informal grievances and acknowledge whether he wanted a formal grievance form.
Contrary to Plaintiff's contentions, an inmate was not required to sign an informal grievance form, only the formal grievance form, to acknowledge receipt of the warden's response, per SOP 11B05-0001. (Dkt. No. 122-3, pp.8-11). Plaintiff signed Formal Grievance Number 216726 as an acknowledgment of the Warden's response. (Dkt. No. 71-2, p. 28). In addition, there is nothing in the SOP which indicates that an inmate was required to make a written request for a formal grievance form, only that an inmate had to complete the informal grievance procedure before pursuing his grievance through the formal procedures. (DkL No. 1223; p. 10).
Plaintiff's Objections are overruled. The Magistrate Judge's Report and Recommendation is adopted as the opinion of the Court. Defendants' Motion for Summary Judgment1 is GRANTED. Plaintiffs Motion for Summary Judgment is DENIED. Plaintiffs Complaint is DISMISSED, without prejudice, due to his failure to exhaust his available administrative remedies prior to filing his cause of action. The Clerk of Court is directed to enter the appropriate judgment of dismissal.
SO ORDERED.
FootNotes
1. The undersigned notes Plaintiffs assertion that Defendants' Motion for Summary Judgment should have been treated as a motion to dismiss. It is apparent the Magistrate Judge treated Defendants' Motion as such, and labeling the Defendants' Motion as one for summary judgment is irrelevant to the disposition of this case.
Source: Leagle