Leavitt v. NC Department of Public Safety et al

Filing 15

ORDER ordering that Plaintiff shall provide proof that he has exhausted his administrative remedies, or a written explanation as to why he has not exhausted his administrative remedies prior to filing his 1983 complaint. Failure to comply with this Order will result in dismissal. Signed by Chief Judge Frank D. Whitney on 11/26/14. (Pro se litigant served by US Mail.)(smj)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NORTH CAROLINA
STATESVILLE DIVISION
5:14-cv-27-FDW
OWEN D. LEAVITT,
Plaintiff,
v.
NC DEPARTMENT OF
PUBLIC SAFETY, et al.,
Defendants.

)
)
)
)
)
)
)
)
)
)
)

ORDER

THIS MATTER is before the Court on remand from the Fourth Circuit for entry of an
order allowing Plaintiff additional time to supplement the record to demonstrate that he has fully
exhausted his administrative remedies within the prison’s administrative remedy procedure.
Plaintiff will be provided 30-days from entry of this Order to provide documentation to
demonstrate that he has fully exhausted his administrative remedies as to each claim that he has
presented in his pro se complaint which he filed pursuant to 42 U.S.C. § 1983. Failure to provide
the necessary documentation, or to file a response explaining why he could not fully exhaust his
administrative remedies prior to filing suit, will result in an order dismissing his unexhausted
claims.
IT IS, THEREFORE, ORDERED that Plaintiff shall provide proof that he has exhausted
his administrative remedies, or a written explanation as to why he has not exhausted his
administrative remedies prior to filing his § 1983 complaint.
IT IS FURTHER ORDERED that failure to comply with this Order will result in
dismissal of the unexhausted claims in his § 1983 complaint and without further notice an initial
review of any exhausted claims pursuant to 28 U.S.C. § 1915A(a).
1

IT IS SO ORDERED.
Signed: November 26, 2014

2