Winding v. Dykes et al

Filing 48

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

PLAINTIFF

VS.

CIVIL ACTION NO. 4:12cv4-FKB

CHRISTOPHER DYKES 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 a prison official
retaliated against him by threatened to kill him if he persisted in prosecuting a lawsuit
against him. A Spears1 hearing has been held, and the parties have consented to
jurisdiction by the undersigned.
In his testimony at the Spears hearing, Plaintiff admitted that he has failed to
complete the Administrative Remedies Program (ARP) process for this claim. He stated
that although he has filed an ARP grievance, the grievance is still in “backlog” because of
the number of prior grievances filed by him which remain pending.
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). The PLRA’s 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.,

1

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

Miss., 351 F.3d 626, 630 (5th Cir. 2003).
For this reason, this action is dismissed without prejudice so that Plaintiff may be
pursue his administrative remedies. A separate judgment will be entered.
SO ORDERED this the 5th day of June, 2012.
/s/ F. Keith Ball
________________________________
UNITED STATES MAGISTRATE JUDGE