Barnes v. Okmulgee County Criminal Justice Authority

Filing 16

OPINION AND ORDER by District Judge James H. Payne: This action is dismissed, in it's entirety, without prejudice for failure to exhaust his administrative remedies. terminating case (acg, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF OKLAHOMA

JOHN WALTER BARNES,

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Plaintiff,
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vs.
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OKMULGEE COUNTY CRIMINAL )
JUSTICE AUTHORITY, et al.,
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Defendants. )

Case No. 13-CV-241-JHP-SPS

OPINION AND ORDER
On May 31, 2013, Plaintiff, a prisoner appearing pro se, filed his civil rights
complaint (Dkt. # 1). Plaintiff also filed a motion for leave to proceed in forma pauperis
(Dkt. # 2). On June 5, 2013, this court granted plaintiff’s motion for leave to proceed in
forma pauperis (Dkt. # 4). On July 31, 2013, the defendants filed an answer to the complaint
in which they raised the affirmative defense of failure to exhaust administrative remedies
(Dkt. # 11).
Pursuant to 42 U.S.C. § 1997e(a), “No 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.” On September 24, 2013, this Court ordered the plaintiff to show
cause within fourteen (14) days why this action should not be dismissed for failure to exhaust
administrative remedies. Plaintiff was advised that “failure to show cause” would result in

dismissal of this action. To date, plaintiff has not responded to this Court’s show cause
order.
ACCORDINGLY, IT IS HEREBY ORDERED that the complaint is dismissed
without prejudice for failure to exhaust.
IT IS SO ORDERED this 17th day of October, 2013.

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