WILLIS v. PAGE et al

Filing 8

ORDER denying 7 Motion for Reconsideration. Ordered by US DISTRICT JUDGE HUGH LAWSON on 5/13/2015. (aks)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

SHARROD OCTAVIUS WILLIS,
Plaintiff
VS.
SERGEANT PAGE, et al,
Defendants
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CIVIL No: 7:15-CV-0062-HL

ORDER
Plaintiff SHARROD OCTAVIUS WILLIS, an inmate currently confined at Valdosta
State Prison, filed a pro se civil rights complaint seeking relief under 42 U.S.C. § 1983. After
conducting an initial review of the pleading, the Court found it clear on the face of the Complaint
that Plaintiff failed to exhaust all available administrative remedies prior to filing suit in federal
court as required by 42 U.S.C. § 1997e(a). His Complaint was accordingly dismissed without
prejudice to allow for such exhaustion.
Plaintiff has now filed a timely Motion for Reconsiderations (Doc. 7) and shows that he
received a response to his grievance on April 7, 2015. Plaintiff’s Complaint, however, is dated
March 29, 2015, and Plaintiff concedes that he had not yet received this response from prison
officials prior to filing his Complaint. (Id.). The Prison Litigation Reform Act, 42 U.S.C. §
1997e(a), requires that a prisoner file an administrative grievance and receive a ruling on the
grievance prior to filing suit in federal court. See Brown v. Sikes, 212 F.3d 1205, 1207 (11th Cir.
2000). In this case, Plaintiff clearly did not take the available step of waiting for a response from
prison officials prior to filing suit. As such, the Court did not err in dismissing his Complaint for

lack of exhaustion. See Jones v. Cannon, 589 F. App'x 849, 853 (10th Cir. 2014).
Plaintiff’s Motion for Reconsideration is accordingly DENIED. However, the dismissal
of his Complaint was without prejudice.

Thus, once Plaintiff has fully exhausted his

administrative remedies, he may refile his claims in this Court if necessary.
SO ORDERED, this 13th day of May, 2015.
s/ Hugh Lawson
HUGH LAWSON, SENIOR JUDGE
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