Opinion
No. 02-10-00103-CV
Delivered: January 27, 2011.
Appealed from the 30th District Court of Wichita County.
PANEL: LIVINGSTON, C.J.; DAUPHINOT and GABRIEL, JJ.
MEMORANDUM OPINION
See Tex. R. App. P. 47.4.
Appellant Willie A. Milton, a pro se inmate, appeals the trial court's dismissal with prejudice of his suit against appellees Nathaniel Quarterman and Mary Hansford under chapter 14 of the civil practice and remedies code. We affirm.
After appellant sued appellees alleging that they had improperly withheld mail from him, appellees filed a motion to dismiss, alleging that (1) appellant had failed to attach copies of his Step 1 and Step 2 grievances to his petition as required by section 14.005(b) of the civil practice and remedies code, and thus did not exhaust his administrative remedies and (2) appellant's claims are frivolous. See Tex. Civ. Prac. Rem. Code Ann. § 14.005(b) (Vernon 2002). Appellant responded, admitting that he did not have copies of his Step 1 and Step 2 grievance forms to attach but claiming that the I-60 and I-153 forms attached to his petition instead were sufficient to meet the requirements of section 14.005(b). The trial court nevertheless dismissed appellant's petition with prejudice.
Section 14.005, entitled "Grievance System Decision; Exhaustion of Administrative Remedies," provides as follows:
(a) An inmate who files a claim that is subject to the grievance system established under Section 501.008, Government Code, shall file with the court:
(1) an affidavit or unsworn declaration stating the date that the grievance was filed and the date the written decision described by Section 501.008(d), Government Code, was received by the inmate; and
(2) a copy of the written decision from the grievance system.
(b) A court shall dismiss a claim if the inmate fails to file the claim before the 31st day after the date the inmate receives the written decision from the grievance system.
Id. § 14.005(a), (b). These requirements serve two purposes: (1) the inmate will demonstrate through compliance that he has exhausted his administrative remedies and (2) the information provided by the inmate will enable the trial court to determine whether the inmate has filed his claim within the time period specified by subsection (b). See Garrett v. Borden, 283 S.W.3d 852, 853 (Tex. 2009); Hill v. Reilly, No. 08-09-00208-CV, 2010 WL 3410506, at *2 (Tex. App.-El Paso Aug. 31, 2010, pet. filed). An inmate's failure to provide the required information subjects his suit to dismissal. Hill, 2010 WL 3410506, at *2.
TDCJ's inmate grievance procedure is a two-step process outlined in its Offender Orientation Handbook, which is distributed to inmates upon their confinement within the corrections system. See id.; Tex. Dep't Of Criminal Justice, Offender Orientation Handbook (2004), available at www.tdcj.state.tx.us/publications/cid/ publications-cid-offender-orientation-handbook.htm. The Step 1 grievance must be filed within 15 days from the date of the alleged incident or occurrence. Hill, 2010 WL 3410506, at *2. If the inmate receives an adverse Step 1 decision, the inmate has 15 days to file a Step 2 grievance. Id. The grievance system restricts the issues which are grievable and it provides for the return of grievances if the inmate fails to meet certain requirements, but grievances generally may be corrected and resubmitted. Id.
Here, appellant's claims are subject to the grievance system, but appellant admitted he did not file either a Step 1 or Step 2 grievance. Instead, he filed a form I-60, which he attached to his petition. Submission of a form I-60 is not a step in TDCJ's grievance process. Pickett v. Slawson, No. 07-09-00043-CV, 2010 WL 3619557, at *3 (Tex. App.-Amarillo Sept. 17, 2010, no pet.) (mem. op.). Thus, he did not comply with section 14.005(b)'s requirements, and the trial court did not abuse its discretion by dismissing his claim with prejudice. See id.; Leachman v. Dretke, 261 S.W.3d 297, 312 (Tex. App.-Fort Worth 2008, no pet.) (op. on reh'g). We overrule all of appellant's dispositive issues and affirm the trial court's judgment.