Opinion
02-C-131-C
June 4, 2003
ORDER
Judgment was entered in this case on May 20, 2003, granting defendants' motion for summary judgment and dismissing the case. Now plaintiff has filed a motion to alter or amend the judgment pursuant to Fed.R.Civ.P. 59(e). In support of this motion, plaintiff contends that I erred in dismissing this case because I failed to address on summary judgment plaintiff's claim that he was subjected to an unreasonable search following his extraction from his cell on September 16, 2001. The motion will be denied.
I call plaintiff's attention to this court's order entered herein on August 12, 2002, in which I granted defendants' motion to dismiss plaintiff's unreasonable search claim on the ground that plaintiff had failed to exhaust his administrative remedies with respect to this claim as required by 42 U.S.C. § 1997e(a). Because the claim was dismissed on exhaustion grounds, it was not error to fail to consider the claim on its merits in deciding defendants' motion for summary judgment.
ORDER
IT IS ORDERED that plaintiff's motion to alter or amend the judgment pursuant to Fed.R.Civ.P. 59(e) is DENIED.