Shelton v. Johnson

Full title: TYRONE SHELTON, Plaintiff, v. GENE M. JOHNSON, et al., Defendant(s)

Court: United States District Court, W.D. Virginia, Roanoke Division

Date published: Nov 4, 2005

Civil Action No. 7:05-cv-00630 (W.D. Va. Nov. 4, 2005)

Opinion

Civil Action No. 7:05-cv-00630.

November 4, 2005

DISMISSAL ORDER

JAMES TURK, District Judge

Plaintiff Tyrone Shelton executed his complaint in this civil action against prison officials on October 3, 2005. The court conditionally filed the complaint, asking Shelton to submit a verified statement and documentation demonstrating that he had exhausted administrative remedies before filing the lawsuit. He now moves for an extension of time to comply with this order. It is clear from his current submissions that he had not received the response on the final level of administrative appeals at the time he filed the complaint; in fact, he states that he will not receive that final response until sometime in mid-November 2005. As exhaustion is clearly a prefiling requirement, pursuant to 42 U.S.C. § 1997e(a), see Anderson v. XYZ Correctional Health Services, 407 F.3d 674, 682-83 (4^th Cir. 2005), it is hereby

ORDERED

that plaintiff's motion for extension of time is hereby DENIED and this action is hereby DISMISSED without prejudice, pursuant to 42 U.S.C. § 1997e(a), for failure to exhaust administrative remedies before filing the lawsuit and the action is hereby stricken from the active docket of the court.