Hill v. Norris et al
MEMORANDUM OPINION Signed by Chief Judge Karon O Bowdre on 12/9/16. (SAC )
2016 Dec-09 PM 01:43
U.S. DISTRICT COURT
N.D. OF ALABAMA
UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF ALABAMA
MOSE FRANKLIN HILL,
C.O. NORRIS, et al.,
Case No. 7:16-cv-01169-KOB-SGC
The magistrate judge entered a report on November 18, 2016,
recommending this action be dismissed without prejudice for failure to exhaust
administrative remedies pursuant to 42 U.S.C. § 1997e(a). (Doc. 6). The plaintiff
has filed a letter that the court construes as objections to the report and
recommendation. (Doc. 7).
The plaintiff points to no errors of law or fact in the magistrate judge’s
report and recommendation. As he did in his complaint, the plaintiff admits he did
not utilize Tuscaloosa County Jail’s grievance process to notify jail officials of the
facts underlying his claims. The plaintiff argues that he informed the court he did
not do so because he has filed numerous grievances in the past and never received
responses. As set forth by the magistrate judge, a plaintiff’s compliance with the
administrative remedies available to him is a “prerequisite to filing suit in this
court,” even if a plaintiff believes it will be unfruitful. (Doc. 6 at 5) (quoting
Booth v Churner, 532 U.S. 731, 740 n.2 (2001) (“we will not read futility or other
exceptions into” the “statutory exhaustion requirements” of 42 U.S.C. § 1997(e)(a)
“where Congress has provided otherwise”)).
The plaintiff also complains he was misled into “thinking” he would receive
the help he desires when he was ordered to pay the filing fee. (Id.). However,
payment of the filing fee is required at the time a civil action is instituted or
brought. See 28 U.S.C. §§ 1914 & 1915(b). Further, the court is prohibited from
providing legal advice to litigants. See 28 U.S.C. § 454.
Having carefully reviewed and considered de novo all the materials in the
court file, including the report and recommendation and the plaintiff’s objections,
the court ADOPTS the magistrate judge’s report and ACCEPTS her
The court OVERRULES plaintiff’s objections (Doc. 7).
Therefore, in accordance with 42 U.S.C. § 1997e(a), this action is due to be
dismissed without prejudice for failure to exhaust administrative remedies.
A Final Judgment will be entered.
So ORDERED this 9th day of December, 2016.
Karon Owen Bowdre
Chief, United States District Judge
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