Taylor v. Management Training Corporation et al

Filing 28

ORDER granting 23 Motion for Summary Judgment Signed by Magistrate Judge F. Keith Ball on 2/20/15. A separate judgment will be entered. (Copy mailed to Plaintiff.) (dfk)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION

JOHNATHAN TAYLOR

PLAINTIFF

VS.

CIVIL ACTION NO. 3:13cv857-FKB

MANAGEMENT & TRAINING
CORPORATION, et al.

DEFENDANTS

ORDER
Johnathan Taylor, a state prisoner, brought this action pursuant to 42 U.S.C. §
1983 challenging the conditions of his confinement at East Mississippi Correctional
Facility. On November 11, 2014, Defendants filed a motion for summary judgment based
on failure to exhaust administrative remedies. [23]. Plaintiff has filed no response to the
motion. The Court concludes that the motion should be granted.
In his complaint and his testimony at the Spears hearing, Plaintiff alleged a host of
complaints regarding his incarceration: That he has received two rule violation reports
without being afforded a hearing, causing him to remain housed in long-term segregation;
that living conditions on his unit are unsafe and unsanitary; that on October 22, 2013, Sgt.
Pulliam used excessive force against him and then denied him medical treatment for his
injuries; that he was sprayed with pepper spray for requesting medical attention; and that
he has no access to the law library.
The applicable section of the Prison Litigation Reform Act (PLRA), 42 U.S.C. §
1997(e), requires that an inmate bringing a civil rights action in federal court first exhaust
his administrative remedies. Whitley v. Hunt, 158 F.3d 882 (5th Cir. 1998). This
exhaustion requirement “applies to all inmate suits about prison life.” Porter v. Nussle,
534 U.S. 516, 122 S. Ct. 983, 992 (2002). The requirement that claims be exhausted

prior to the filing of a lawsuit is mandatory and non-discretionary. Gonzalez v. Seal, 702
F.3d 785 (5th Cir. 2012). Defendants’ evidence submitted in support of their motion
establishes that Plaintiff has failed to exhaust his administrative remedies with regard to
any of his claims.1 For this reason, Defendants’ motion is granted, and Plaintiff’s
complaint is dismissed without prejudice.
A separate order of dismissal will be entered.
So ordered, this the 20th day of February, 2015.

/s/ F. Keith Ball
UNITED STATES MAGISTRATE JUDGE

1

Plaintiff submitted grievances regarding the alleged use of force by Sgt. Pulliam
and the pepper-spraying incident. However, after receiving his first step response, he
failed to proceed to the second step or complete the prison’s administrative remedy
process. He has submitted no requests concerning the other matters alleged in this
action.