Winding v. Sistrunk et al

Filing 71

MEMORANDUM AND OPINION Signed by Magistrate Judge F. Keith Ball on 6/5/12. (Copy mailed to Plaintiff.) (dfk)

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

JAMES C. WINDING
VS.

PLAINTIFF
CIVIL ACTION NO. 4:11cv143-FKB

B. SISTRUNK, et al.

DEFENDANTS

MEMORANDUM & OPINION
James C. Winding is a state prisoner incarcerated at East Mississippi Correctional
Facility (EMCF). He brought this action pursuant to § 1983 alleging that prison officials
have failed to protect him from assaults by other inmates. A Spears1 hearing has been
held, and the parties have consented to jurisdiction by the undersigned.
Plaintiff alleges in his complaint, as amended, that prison officials failed to protect
him from an assault by inmate Willie Proctor on January 4, 2010, and by inmate Howard
Alexander on September 30, 2011. He also complains of threats and violence by other
inmates and argues that prison officials’ failure to control inmate behavior forces him to
live in a “hostile environment.”
The Prison Litigation Reform Act (PLRA), requires an inmate to exhaust
administrative remedies before bringing an action with respect to prison conditions. 42
U.S.C. § 1997(e). This exhaustion requirement is mandatory and “applies to all inmate
suits about prison life, whether they involve general circumstances or particular episodes.”
Porter v. Nussle, 534 U.S. 516, 532 (2002). Dismissal is appropriate where an inmate
has failed to meet the exhaustion requirement. Alexander v. Tippah Cnty., Miss., 351

1

See Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

F.3d 626, 630 (5th Cir. 2003).
In his testimony at the Spears hearing, Plaintiff admitted that he has failed to
complete the Administrative Remedies Program (ARP) process for any of the claims
asserted in this action He stated that although he has filed ARP grievances regarding
these claims, those grievances are still in “backlog” because of the number of prior
grievances filed by him which remain pending. Thus, the undersigned concludes that this
matter should be dismissed without prejudice so that Plaintiff may seek relief through the
prison’s administrative process. A separate judgment will be entered.
SO ORDERED this the 5th day of June, 2012.
/s/ F. Keith Ball
________________________________
UNITED STATES MAGISTRATE JUDGE