Winding v. Dean et al

Filing 40

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 WINDING
VS.

PLAINTIFF
CIVIL ACTION NO. 4:12cv23-FKB

DOMINIC DEAN

DEFENDANT

MEMORANDUM & OPINION
James Winding is a state prisoner incarcerated at East Mississippi Correctional
Facility (EMCF). In this § 1983 action, he alleges that he was assaulted by a prison
officer, Dominic Dean, on January 30, 2012. 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 EMCF’s Administrative Remedies Program (ARP) process with regard to this
claim. He stated that although he has filed an ARP grievance, the grievance is still in
“backlog” because of the number of pending grievances filed by him.
The Prison Litigation Reform Act (PLRA) requires an inmate to exhaust
administrative remedies before bringing an action with respect to prison conditions,
regardless of the relief offered through the administrative process. 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., Miss., 351 F.3d 626, 630

1

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

(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