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
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