George v. Travis

Full title: JOSHUA CAIN GEORGE v. WARDEN JEFFREY TRAVIS, ET AL

Court: United States District Court, E.D. Louisiana

Date published: Feb 26, 2007

CIVIL ACTION NO. 07-986, SECTION: "R" (1) (E.D. La. Feb. 26, 2007)

Opinion

CIVIL ACTION NO. 07-986, SECTION: "R" (1).

February 26, 2007

ORDER

SALLY SHUSHAN, Magistrate Judge

Plaintiff has filed a motion to have these proceedings stayed until he exhausts his administrative remedies on ARP RCC-2006-749. Rec. Doc. 5. That motion is DENIED. Federal law requires that a prisoner exhaust his administrative remedies prior to the filing of a lawsuit; exhaustion of such remedies while the lawsuit is pending is insufficient. Underwood v. Wilson, 151 F.3d 292, 296 (5^th Cir. 1998). Accordingly, it is not appropriate for a federal court to stay a lawsuit while a prisoner attempts to exhaust his administrative remedies. Seaton v. Sylvestor, No. 99-20035, 2000 WL 960504 (5^th Cir. June 15, 2000); Johnson v. Kerryville, No. 5:06cv274, 2007 WL 418765 (E.D. Tex. Feb. 5, 2007).