Whitten v. Northern NH Correctional Facility, Warden et al

Filing 28

///ORDER granting 27 Motion for Summary Judgment. The complaint is dismissed. So Ordered by Chief Judge Steven J. McAuliffe. (vln)

UNITED STATES DISTRICT COURT DISTRICT OF NEW HAMPSHIRE

Donald Whitten v. Northern NH Correctional Facility, Warden, et al Civil No. 09-cv-450-SM

Re: Document No. 27, Motion for Summary Judgment Ruling: Granted. Defendants move for summary judgment on

grounds that the prisoner-plaintiff did not invoke or exhaust available administrative remedies before filing suit, as required by the Prisoner Litigation Reform Act. See 42 U.S.C. ss 1997e.

Plaintiff has not responded to the motion for summary judgment and, taking the assertions of fact by defendants as uncontested, it is apparent that plaintiff's suit is subject to dismissal for failure to exhaust available administrative remedies. See Woodford v. Ngo, 548 U.S. 81 (2006). The complaint is dismissed.

Date:

August 13, 2010 ____________________________ Chief Judge Steven McAuliffe Unites States District Court

cc:

Donald Whitten Nancy J. Smith, Esq.