Elawyers Elawyers
Ohio| Change

WINDING v. GEO GROUP, INC., 4:11cv108-FKB. (2012)

Court: District Court, S.D. Mississippi Number: infdco20120606a58 Visitors: 28
Filed: Jun. 05, 2012
Latest Update: Jun. 05, 2012
Summary: MEMORANDUM & OPINION F. KEITH BALL, Magistrate Judge. James C. Winding is a state prisoner incarcerated at East Mississippi Correctional Facility (EMCF). He brought this action pursuant to 1983 alleging that prison officials failed to protect him from threats and an assault by a gang member on June 3, 2011. A Spears 1 hearing has been held, and the parties have consented to jurisdiction by the undersigned. The Prison Litigation Reform Act (PLRA) requires an inmate to exhaust administrati
More

MEMORANDUM & OPINION

F. KEITH BALL, Magistrate Judge.

James C. Winding is a state prisoner incarcerated at East Mississippi Correctional Facility (EMCF). He brought this action pursuant to § 1983 alleging that prison officials failed to protect him from threats and an assault by a gang member on June 3, 2011. A Spears1 hearing has been held, and the parties have consented to jurisdiction by the undersigned.

The Prison Litigation Reform Act (PLRA) requires an inmate to exhaust administrative remedies before bringing an action with respect to prison conditions. 42 U.S.C. § 1997(e). The PLRA's exhaustion requirement is mandatory and "applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes." Porter v. Nussle, 534 U.S. 516, 532 (2002). In his testimony at the Spears hearing, Plaintiff admitted that he has failed to complete EMCF's Administrative Remedies Program (ARP) process for this claim. He stated that although he has filed an ARP grievance based upon this incident, that grievance remains in "backlog" because of the number of pending grievances filed by him.

Dismissal is appropriate where an inmate has failed to meet the exhaustion requirement. Alexander v. Tippah Cnty., Miss., 351 F.3d 626, 630 (5th Cir. 2003). For this reason, this action is dismissed without prejudice so that Plaintiff may complete the prison's administrative process for this claim. A separate judgment will be entered.

SO ORDERED.

FootNotes


1. See Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).
Source:  Leagle

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer