Hall v. Chief Warden et al

Filing 8

ORDER VACATING order of dismissal, directing Clerk to reopen the case, and directing Plaintff to show cause regarding exhaustion. Signed by Judge Patricia C. Fawsett on 8/14/2006. (SCB)

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Hall v. Chief Warden et al Doc. 8 Case 6:06-cv-00926-PCF-DAB Document 8 Filed 08/15/2006 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION DAVID LEE HALL, Plaintiff, v. CHIEF WARDEN, et al., Defendants. CASE NO. 6:06-cv-926-Orl-19DAB ORDER This case is before the Court on the following matters: 1. The Order of August 4, 2006, dismissing this case is VACATED. The Clerk of the Court is directed to reopen this case. 2. Plaintiff, confined in a Florida prison and proceeding pro se, filed an amended civil rights complaint pursuant to 42 U.S.C. 1983 (Doc. No. 6, filed July 31, 2006). Plaintiff alleges that his right to access the courts has been violated due to mail tampering at the Tomoka Correctional Institution. Pursuant to 42 U.S.C. 1997e(a), a prisoner must exhaust his administrative remedies before pursuing a civil rights complaint: (a) Applicability of administrative remedies No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted. Dockets.Justia.com Case 6:06-cv-00926-PCF-DAB Document 8 Filed 08/15/2006 Page 2 of 2 It appears that the instant complaint is subject to dismissal because Plaintiff states that he has failed to exhaust his administrative remedies as required by 1997e(a). Accordingly, Plaintiff shall show cause within ELEVEN (11) DAYS from the date of this Order why this action should not be dismissed for the reasons set forth above. Plaintiff is advised that the failure to comply with the provisions of this Order will result in dismissal of this action without further notice. DONE AND ORDERED at Orlando, Florida this 14th day of August, 2006. Copies to: sa 8/14 David Lee Hall 2

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