Opinion
CIVIL ACTION NO. 1:01-CV-219-C
April 5, 2002
ORDER
Plaintiff filed a civil rights complaint pursuant to 42 U.S.C. § 1983 on November 19, 2001. Although Plaintiff attached copies of Step 1 and Step 2 grievance forms, the copies he attached did not contain the grievance numbers, the date the grievances were received by prison officials, or the responses from prison officials. He was ordered to file completed grievance forms. Plaintiff filed a response to which he attached his grievance forms, along with inter-office communications from prison officials advising Plaintiff that he had not properly submitted his Step 2 grievance.
Because Plaintiff has not properly submitted his Step 2 grievance, there has been no resolution by prison officials.
A prisoner must exhaust prison grievance remedies before he can pursue a civil rights claim pursuant to 42 U.S.C. § 1983. Booth v. Churner, 532 U.S. 731 (2001); Wright v. Hollingsworth, 260 F.3d 357 (5th Cir. 2001) (A prisoner is required "to exhaust `available'`remedies', whatever they may be." A "failure to do so prevents him from pursuing a federal lawsuit at this time.")
It is, therefore, ORDERED that Plaintiff's complaint is dismissed without prejudice pending exhaustion of prison grievances procedures. Limitations will be tolled pending exhaustion.
Any pending motions are denied.