Perez v. Hudson

Filing 51

ORDER granting 45 Motion to supplement amended complaint 16 . Signed by Magistrate Judge Caroline Craven on March 6, 2009. (rml, ) Modified on 3/6/2009 (rml, ).

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TEXARKANA DIVISION

JULIO PEREZ, JR., #852734 VS. DAVID L. HUDSON, ET AL.

§ § § ORDER CIVIL ACTION NO. 5:08cv161

Came on for consideration, the Plaintiff's motion to supplement (docket entry #45) his amended complaint with additional grievance documents that were returned to him beginning on December 22, 2008. The motion is reasonable. It is accordingly
.

ORDERED that the motion to supplement (docket entry #45) is GRANTED. The Court notes that the complaint was filed on September 16, 2008. The Prison Litigation Reform Act of 1996 mandated that no action shall be brought by a prisoner "until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). Civil rights claims filed before they were exhausted may be dismissed with prejudice. See Underwood v. Wilson, 151 F.3d 292 (5th Cir. 1998). The Plaintiff is placed on notice that the Defendants may raise the affirmative defense of failure to exhaust administrative remedies when they file a dispositive motion. See Jones v. Bock, 127 S.Ct. 910 (2007).
SIGNED this 6th day of March, 2009.

____________________________________ CAROLINE M. CRAVEN UNITED STATES MAGISTRATE JUDGE