Gregg, LeAnder v. Kerns, Nicholas

Filing 10

ORDER that this case is DISMISSED for plaintiff LeAnder J. Gregg's failure to exhaust his administrative remedies. Signed by District Judge Barbara B. Crabb on 9/7/2021. (kmd),(ps)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - LEANDER J. GREGG,
OPINION AND ORDER
Plaintiff,
21-cv-301-bbc
v.
OFFICER NICHOLAS KERNS,
Defendant.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - - - - - - - - In a previous lawsuit, plaintiff LeAnder J. Gregg alleged that a nurse at the Eau Claire
County jail gave him medication belonging to another inmate and that Officer Nicholas
Kerns refused to provide plaintiff medical treatment after he suffered adverse effects. That
lawsuit was dismissed on June 4, 2020, because plaintiff had not exhausted his
administrative remedies before filing the lawsuit. Dkt. #60, in 19-cv-133-bbc. The Court
of Appeals for the Seventh Circuit affirmed the dismissal for failure to exhaust. Gregg v.
Correct Care Solutions, LLC, 844 F. App’x 913 (7th Cir. 2021).
Plaintiff then refiled his case, alleging that he had fully exhausted his administrative
remedies since the previous dismissal. However, because the record from plaintiff’s previous
case had showed that the jail rejected plaintiff’s late grievances and appeals, I concluded that
plaintiff could not proceed further with this lawsuit until he submitted evidence showing
that he exhausted his administrative remedies through the Eau Claire County jail. Plaintiff
has now responded, submitting documents showing that he attempted to exhaust his
administrative remedies in July and August 2020, but that the grievances were rejected as
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untimely. Dkt. #9-1. Unfortunately for plaintiff, these documents do not show that he
exhausted his administrative remedies—they show the opposite. To exhaust remedies under
28 U.S.C. § 1997(e), “a prisoner must file complaints and appeals in the place, and at the
time, the prison’s administrative rules require.” Pozo v. McCaughtry, 286 F.3d 1022, 1025
(7th Cir. 2002). Plaintiff’s grievances and appeals were rejected as untimely under the jail’s
grievance procedures, so plaintiff cannot proceed with his case in federal court.

ORDER
IT IS ORDERED that this case is DISMISSED for plaintiff LeAnder J. Gregg’s failure
to exhaust his administrative remedies.

Entered this 7th day of September, 2021.
BY THE COURT:
/s/
________________________
BARBARA B. CRABB
District Judge

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