Opinion
NO. 2013-CA-001147-MR
02-14-2014
MICHAEL WAYNE LONG APPELLANT v. COMMONWEALTH OF KENTUCKY APPELLEE
BRIEF FOR APPELLANT: Michael W. Long, pro se LaGrange, Kentucky BRIEF FOR APPELLEE: Charles D. Aaron, Jr. Frankfort, Kentucky
NOT TO BE PUBLISHED
APPEAL FROM OLDHAM CIRCUIT COURT
HONORABLE KAREN A. CONRAD, JUDGE
ACTION NOS. 13-CI-00060 AND 13-CI-00356
OPINION
AFFIRMING
BEFORE: CLAYTON, COMBS, AND NICKELL, JUDGES. NICKELL, JUDGE: The Appellant, Michael Wayne Long, pro se, has appealed from an order of the Oldham Circuit Court dismissing his petition for declaration of rights for failing to exhaust his administrative remedies. We affirm.
Long, a prisoner at the Kentucky State Reformatory in LaGrange, Kentucky, filed a petition pursuant to Nelson v. Sandritter, 351 F.2d 284 (9th Cir. 1965), which we presume was intended to be a petition for a declaration of rights. Although difficult to discern, it appears Long was requesting psychiatric treatment or release to a psychiatric institution. Upon motion by the Commonwealth, the circuit court dismissed Long's petition pursuant to Kentucky Revised Statutes (KRS) 454.415, because Long failed to exhaust his administrative remedies, and failed to attach any documentation to his petition verifying that the administrative remedies had, in fact, been exhausted.
KRS 454.415(2) requires prisoners to exhaust their administrative remedies "even if the remedy the inmate seeks is unavailable." Further, the inmate must "attach to any complaint filed documents verifying that administrative remedies have been exhausted." KRS 454.415(3). If these requirements are not met, the circuit court must dismiss the action. KRS 454.415(4). Thus, because Long clearly failed to establish he exhausted his administrative remedies prior to instituting the instant action, the circuit court correctly dismissed his appeal. There was no error.
For the foregoing reasons, the decision of the circuit court is affirmed.
ALL CONCUR. BRIEF FOR APPELLANT: Michael W. Long, pro se
LaGrange, Kentucky
BRIEF FOR APPELLEE: Charles D. Aaron, Jr.
Frankfort, Kentucky