Carter v. City of Auburn

Full title: KURT L. CARTER, Plaintiff, v. CITY OF AUBURN, Defendant

Court: United States District Court, W.D. Washington, at Seattle

Date published: Jan 17, 2003

Case No. C02-2426C (W.D. Wash. Jan. 17, 2003)

Opinion

Case No. C02-2426C

January 17, 2003

ORDER DISMISSING § 1983 ACTION AND DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS

JOHN C. COUGHENOUR, United States Magistrate Judge

The Court, having reviewed plaintiffs complaint pursuant to 42 U.S.C. § 1983, does hereby find and ORDER:

(1) Plaintiffs complaint alleges that he was bitten nine times by a bug while in custody in the City of Auburn Jail and was not given adequate medical attention. However, plaintiff concedes in his complaint that he has not exhausted the grievance procedure available at the City of Auburn's Jail. Exhaustion is required by 42 U.S.C. § 1997e(a), which provides:

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.

42 U.S.C. § 1997e(a).

The Supreme Court has recently made clear that exhaustion is a prerequisite to suit under § 1983;

Once within the discretion of the district court, exhaustion in cases covered by § 1997e(a) is now mandatory. All "available" remedies must now be exhausted; those remedies need not meet federal standards, nor must they be "plain, speedy, and effective." Even when the prisoner seeks relief not available in grievance proceedings, notably money damages, exhaustion is a prerequisite to suit.

Porter v. Nussle, 122 S.Ct. 983, 988 (2002) (citations omitted; emphasis added).

Thus, because plaintiff admits that he has not exhausted his administrative remedies, this lawsuit cannot proceed. It is therefore DISMISSED and the Clerk shall close this case.

(2) Plaintiffs application to proceed in forma pauperis is DENIED as moot.

(3) In addition, the Court notes that plaintiff is currently incarcerated in the Yakima County Jail, and appears to allege that he continues to receive inadequate medical attention for his bug bites. If plaintiff exhausts his administrative remedies regarding this claim against the Yakima Jail, and wishes to proceed with a § 1983 action, plaintiff is advised that he should file such a complaint in the United States District Court for the Eastern District of Washington, located at U.S. District Court, P.O. Box 2706, Yakima, Washington 98907.

(4) The Clerk is directed to send a copy of this Order to plaintiff and to the Honorable Ricardo S. Martinez, United States Magistrate Judge.