Collins v. Foster

Filing 10

RULING denying 5 , 6 and 8 Motions to Prove Exhaustion of Administrative Remedies. Signed by Magistrate Judge Stephen C. Riedlinger on 06/04/2013. (SMG) Modified to edit doc type on 6/5/2013 (SMG).

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF LOUISIANA

JAUVE COLLINS (#551251)
VERSUS

CIVIL ACTION

TRISH FOSTER

NUMBER 13-232-BAJ-SCR
RULING ON MOTIONS TO PROVE
EXHAUSTION OF ADMINISTRATIVE REMEDIES

Before the court is the plaintiff’s Motion to Prove That
Plaintiff Had Exhausted His Administrative Remedies, his Motion for
Leave to Addendum Evidence to Motion to Prove That Plaintiff Had
Exhausted His Administrative Remedies, and a Motion to Expand the
Record and Amend Motion to Prove That Plaintiff Had Exhausted His
Administrative Remedies.

Record document numbers 5, 6, and 8,

respectively.
Considered collectively, the plaintiff seeks to file documents
in the record to establish that prison officials failed to timely
respond to his request for administrative relief, and as a result
his administrative grievance is deemed exhausted.
On April 12, 2013, the Louisiana Department of Corrections was
ordered to file with the court a certified copy of the entire
record of the administrative proceeding and/or disciplinary appeal
record including LSP-2012-3195.1

On May 1, 2013, the Louisiana

Department of Corrections filed

a certified copy of LSP-2012-

1

Record document number 4.

3195.2
A hearing pursuant to Spears v. McCotter, 766 F.2d 179 (5th
Cir.

1985),

has

already

been

scheduled

for

July

23,

2013.3

However, exhaustion of available administrative remedies pursuant
to 42 U.S.C. § 1997e(a) is not an issue presently before the court.
Accordingly, the plaintiff’s Motion to Prove That Plaintiff
Had Exhausted His Administrative Remedies, Motion for Leave to
Addendum Evidence to Motion to Prove That Plaintiff Had Exhausted
His Administrative Remedies, and Motion to Expand the Record and
Amend

Motion

to

Prove

That

Plaintiff

Had

Exhausted

His

Administrative Remedies, record document numbers 5, 6, and 8,
respectively, are denied without prejudice to these matters being
addressed at the Spears hearing if necessary.
Baton Rouge, Louisiana, June 4, 2013.

STEPHEN C. RIEDLINGER
UNITED STATES MAGISTRATE JUDGE

2

Record document number 7.

3

Record document number 9.
2