Hunter v. Mitchell et al

Filing 15

ORDERED that Plaintiff shall within fourteen (14) days from entry of this Order file the Step-Three response to his written grievance. Plaintiff is notified that failure to comply with this Order will result in dismissal of this civil action and without further notice.Signed by Chief Judge Frank D. Whitney on 09/11/2015. (Pro se litigant served by US Mail.)(jlk)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF NORTH CAROLINA
CHARLOTTE DIVISION
3:14-cv-00207-FDW
DRELLCO LAMONT HUNTER,
Plaintiff,
v.
FNU MITCHELL, et al.,
Defendants.

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ORDER

THIS MATTER is before the Court following a review of Plaintiff’s pro se complaint
which he filed pursuant to 42 U.S.C. § 1983, and the documents submitted in support of the
complaint.
Plaintiff is a prisoner of the State of North Carolina and was so at the time that he filed his
complaint. Accordingly, Plaintiff must abide by the mandatory requirements of the Prisoner
Litigation Reform Act (“PLRA”) which provides that a prisoner must exhaust his administrative
remedies prior to the commencement of a civil action under § 1983. The PLRA provides, in
pertinent part that “[n]o action shall be brought with respect to prison conditions under section
1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other
correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. §
1997e(a).
In North Carolina, State prisoners must complete a three-step administrative remedy
procedure (ARP) in order to exhaust their administrative remedies. See N.C. Gen. Stat. §§ 148118.1 to 148-118.9 (Article 11A: Corrections Administrative Remedy Procedure); Moore v.
Bennette, 517 F.3d 717, 721 (4th Cir. 2008).

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After reviewing the record in this matter it appears that Plaintiff has failed to exhaust his
available administrative remedies. Accordingly, Plaintiff will be provided 14-days from entry of
this Order to file the Step-Three response to his written grievance.
IT IS, THEREFORE, ORDERED that Plaintiff shall within fourteen (14) days from
entry of this Order file the Step-Three response to his written grievance. Plaintiff is notified that
failure to comply with this Order will result in dismissal of this civil action and without further
notice.
SO ORDERED.
Signed: September 11, 2015

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