JACQUES v. ADC COUNTY JAIL

Full title: MARVIN JEAN JACQUES, Plaintiff, v. ADC COUNTY JAIL et al., Defendants

Court: United States District Court, D. Utah, Central Division

Date published: Jun 3, 2004

Case No. 2:04-CV-301 TS (D. Utah Jun. 3, 2004)

Opinion

Case No. 2:04-CV-301 TS.

June 3, 2004

ORDER

BRIAN TED STEWART, District Judge

Plaintiff, Marvin Jean Jacques, an inmate at Salt Lake County Jail, has filed a civil rights complaint. See 42 U.S.C.A. § 1983 (West 2003). On April 8, 2004, the Court ordered Plaintiff to pay an initial partial filing fee of seventeen cents, an order with which he has not complied.

Further, to proceed with his lawsuit, Plaintiff must have exhausted his inadequate-medical-treatment claim in the prison grievance process. See id. § 1997e(a) ("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."). However, although Plaintiff has attached miscellaneous grievance documents to his complaint, he has neither provided the final one showing he has fully exhausted his claim, nor described with specificity the final disposition of his claim.

Section 1997e(a) prescribes a pleading prerequisite for prisoners. See Steele v. Fed. Bureau of Prisons, 355 F.3d 1204, 1210 (10th Cir. 2003). Consequently, a complaint that does not properly allege the necessary exhaustion of administrative remedies "'is tantamount to one that fails to state a claim upon which relief may be granted.'" Id. (quoting Rivera v. Allin, 144 F.3d 719, 731 (11th Cir. 1998)). A prisoner plaintiff is required to

(1) plead his claims with "a short and plain statement . . . showing that [he] is entitled to relief," in compliance with Fed.R.Civ.P. 8(a)(2), and (2) "attach a copy of the applicable administrative dispositions to the complaint, or, in the absence of written documentation, describe with specificity the administrative proceeding and its outcome."

Id. (alterations in original) (quoting Knuckles El v. Toombs, 215 F.3d 640, 642 (6th Cir. 2000)). Absent "'particularized averments concerning exhaustion showing the nature of the administrative proceeding and its outcome, the action must be dismissed under § 1997e.'" Id. at 1211 (quotingKnuckles El, 215 F.3d at 642).

IT IS THEREFORE ORDERED that Plaintiff's complaint is dismissed without prejudice. See id. at 1213 ("A dismissal based on lack of exhaustion . . . should ordinarily be without prejudice.")