Harth v. Mississippi Department of Correction, et al

Filing 127

ORDER DISMISSING CASE for Failure to Exhaust Administrative Remedies. CASE CLOSED. Signed by Magistrate Judge Roy Percy on 4/14/22. (cb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION
KENNETH DWAYNE HARTH, SR.

PLAINTIFF

v.

No. 4:20CV47-RP

MISSISSIPPI DEPARTMENT
OF CORRECTIONS, ET AL.

DEFENDANTS

ORDER DISMISSING CASE FOR FAILURE
TO EXHAUST ADMINISTRATIVE REMEDIES
On March 18, 2022, the court ordered the plaintiff to show cause why, based upon the
grievances he attached to his complaint, this case should not be dismissed because he failed to exhaust
administrative remedies. On April 6, 2022, Mr. Harth responded to the Show Cause Order,
presenting mail logs showing that, before filing this case, he sent correspondence to the
Administrative Remedy Program (“ARP”) and received correspondence from ARP. The mail logs
do not, however, reveal the content of those letters; as such, the mail logs do not show that Mr. Harth
exhausted his administrative remedies as to his claim for denial of adequate medical care against
Nurse Golliday, the sole remaining defendant in this case. As such, in accordance with the court’s
Show Cause Order, the instant case is DISMISSED without prejudice for failure to exhaust
administrative remedies.
SO ORDERED, this, the 14th day of April, 2022.
/s/ Roy Percy
UNITED STATES MAGISTRATE JUDGE