TIMOTHY D. DeGIUSTI, District Judge.
This matter comes before the Court for review of the Report and Recommendation [Doc. No. 131] issued by United States Magistrate Judge Shon T. Erwin on April 5, 2018, pursuant to 28 U.S.C. § 636(b)(1)(B)-(C).
Plaintiff, a prison inmate appearing pro se and in forma pauperis, brings this action under 42 U.S.C. § 1983 seeking damages for alleged violations of his constitutional rights during his confinement by the Oklahoma Department of Corrections ("ODOC").
Upon consideration of the summary judgment motion jointly filed by Nurse Nye and Dr. Balogh, and after examining the voluminous case record, Judge Erwin finds that Plaintiff failed to exhaust his administrative remedies for these claims as required by 42 U.S.C. § 1997e(a). Judge Erwin therefore recommends that summary judgment be granted to Defendants Nye and Balogh on the ground of non-exhaustion. Plaintiff's objection — despite its length and attached affidavit stating his disagreement with numerous statements — does not dispute the material facts regarding administrative exhaustion of his claims against Defendants Nye and Balogh, as discussed infra. The essence of Plaintiff's objection is that he "exhausted his `available' remedies and claims." See Obj. [Doc. No. 136] at 1 (citing Little v. Jones, 607 F.3d 1245, 1250 (10th Cir. 2010)). Plaintiff argues that he was prevented from completing the grievance process by the failure of some ODOC employees to follow proper procedures.
Upon de novo review of the issue of Plaintiff's exhaustion of his medical care claims against Defendants Nye and Balogh, the Court fully concurs in Judge Erwin's findings and recommendation that Defendants are entitled to summary judgment on the ground of nonexhaustion. Although Plaintiff disagrees with some statements in the Report regarding the procedural history of his grievances and appeals, the following facts are not disputed: Utilizing the administrative grievance process, Plaintiff received a written response after he left LARC to his only "Request to Staff" regarding the alleged failure of Nurse Nye and Dr. Balogh to adequately address Plaintiff's need for chronic pain management.
The Court further finds that Plaintiff has failed to come forward with sufficient facts to show that ODOC's administrative process was unavailable to exhaust these claims. Plaintiff contends administrative exhaustion of his claims against Nurse Nye and Dr. Balogh should be excused because ODOC officials, particularly health services administrator Buddy Honaker, did not properly handle Plaintiff's grievance regarding the lack of a response to his Request to Staff (#2032) regarding medical treatment at LARC. However, it is undisputed that Plaintiff was provided an administrative remedy for Mr. Honaker's alleged failure to comply with ODOC's grievance policy in that Plaintiff subsequently received a copy of Mr. Honaker's written response to RTS #2032. Under these circumstances, Plaintiff cannot show that ODOC officials prevented him from completing the administrative process for his claims that Nurse Nye and Dr. Balogh failed to provide adequate treatment of his serious medical needs at LARC.
For these reasons, the Court finds that Defendants Nye and Balogh are entitled to summary judgment on Plaintiff's § 1983 claims against them. The undisputed facts show that Plaintiff failed to satisfy the statutory requirement to exhaust administrative remedies.
IT IS THEREFORE ORDERED that the Report and Recommendation [Doc. No. 131] is ADOPTED. Defendants Billie Nye and Robert Balogh's Motion for Summary Judgment [Doc. No. 85] is GRANTED, as set forth herein.
IT IS SO ORDERED.