Jones, Jr. v. California Medical Facility Custody Staff et al

Filing 6

ORDER OF DISMISSAL. Signed by Judge Thelton E. Henderson on 04/03/2012. (Attachments: # 1 Certificate/Proof of Service)(tmi, COURT STAFF) (Filed on 4/4/2012)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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ORDER OF DISMISSAL

Plaintiff,

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No. C-12-1109 TEH (PR)

LUTHER JONES, JR.,

v.
CALIFORNIA MEDICAL FACILITY
CUSTODY STAFF, et al.,

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Defendants.

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/
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Plaintiff, a state prisoner, has filed this pro se civil

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rights action pursuant to 42 U.S.C. § 1983 alleging that his

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transfer from California Medical Facility (“CMF”) to California

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State Prison - Solano (“CSP Solano”) was an “adverse transfer,”

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motivated by bias (Doc. #4 at 6), that has resulted in inadequate

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medical care, inadequate dental care and the loss of his property.

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He brings this action against CMF third floor custody staff, CMF

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Receiving and Release staff, and CSP-Solano medical staff.

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4. For the reasons set forth below, this action is DISMISSED without

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prejudice.

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//

Id. at

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I.

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The Prison Litigation Reform Act of 1995 (“PLRA”) amended

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42 U.S.C. § 1997e to provide that “[n]o action shall be brought with

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respect to prison conditions under [42 U.S.C. § 1983], or any other

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Federal law, by a prisoner confined in any jail, prison, or other

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correctional facility until such administrative remedies as are

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available are exhausted.”

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mandatory and no longer left to the discretion of the district

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court.

42 U.S.C. § 1997e(a).

Exhaustion is

Woodford v. Ngo, 548 U.S. 81, 84 (2006) (citing Booth v.

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Churner, 532 U.S. 731, 739 (2001)).

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administrative remedies must be exhausted and such remedies “need

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not meet federal standards, nor must they be ‘plain, speedy[] and

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effective.’”

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Booth, 532 U.S. at 739).

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“proper exhaustion” of available administrative remedies, “which

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means using all steps that the agency holds out, and doing so

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properly (so that the agency addresses the issues on the merits).”

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Woodford, 548 U.S. at 90 (emphasis in original and internal

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quotations and citations omitted).

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be satisfied prior to the commencement of the action; exhaustion

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subsequent to the filing of suit will not suffice

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Carey, 311 F.3d 1198, 1199–1201 (9th Cir. 2002) (action must be

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dismissed without prejudice unless prisoner exhausted available

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administrative remedies before he filed suit, even if prisoner fully

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exhausts while the suit is pending).

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the PLRA exhaustion requirement is to “afford[] corrections

Porter v. Nussle, 534 U.S. 516, 524 (2002) (citing
The PLRA’s exhaustion requirement requires

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Under the PLRA, all available

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The exhaustion requirement must

McKinney v.

Broadly stated, the purpose of

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officials time and opportunity to address complaints internally

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before allowing the initiation of a federal case.”

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at 525.

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administrative remedies, the proper remedy is dismissal of the claim

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without prejudice.

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2003).

Porter, 534 U.S.

If the court concludes a prisoner has not exhausted

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Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir.

Here, plaintiff has informed the court that he has not

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exhausted all his administrative remedies (Doc. #4 at 1), and

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attached documentation indicating that he filed administrative

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grievances in February and March 2012 (id. at 19-22).

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plaintiff’s assertions and the record, the Court finds that

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plaintiff has failed to exhaust his administrative remedies with

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regard to his claims.

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Based on

Plaintiff’s complaint accordingly is DISMISSED without

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prejudice to refiling after exhausting available administrative

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remedies.

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(court may dismiss sua sponte for failure to exhaust administrative

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remedies).

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and close the file.

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See White v. McGinnis, 131 F.3d 593, 595 (6th Cir. 1997)

The Clerk shall terminate all pending motions as moot

IT IS SO ORDERED.

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DATED

04/03/2012
THELTON E. HENDERSON
United States District Judge

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G:\PRO-SE\TEH\CR.12\Jones-12-1109_failure to exhaust.wpd

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