Murphy v. Jones

Full title: Kevin MURPHY; et al., Plaintiffs-Appellants, v. Robert JONES, Dr., Medical…

Court: United States Court of Appeals, Ninth Circuit

Date published: Nov 15, 2001

27 F. App'x 826 (9th Cir. 2001)

Opinion

27 Fed.Appx. 826 (9th Cir. 2001) Kevin MURPHY; et al., Plaintiffs-Appellants, v. Robert JONES, Dr., Medical Director, Montana Department of Corrections; et al., Defendants-Appellees. No. 01-35336. D.C. No. CV-00-67-DWM(RFC). United States Court of Appeals, Ninth Circuit. November 15, 2001

Submitted November 5, 2001 ^*.

* The panel unanimously finds this case suitable for decision without oral argument. See Fed. R.App. P. 34(a)(2).

NOT FOR PUBLICATION. (See Federal Rule of Appellate Procedure Rule 36-3)

State prisoners housed in private correctional facility brought § 1983 action against medical director, state corrections department, and others. The United States District Court for the District of Montana, Donald W. Molloy, J., dismissed without prejudice for failure to exhaust administrative remedies. Prisoners appealed. The Court of Appeals held that: (1) Prison Litigation Reform Act's (PLRA) administrative exhaustion requirement applies to private correctional facilities; (2) prisoners are required to exhaust administrative remedies regardless of their adequacy; and (3) prisoners' failure to exhaust administrative remedies, pursuant to state statute, warranted dismissal without prejudice.

Affirmed.

Page 827.

Appeal from the United States District Court for the District of Montana Donald W. Molloy, District Judge, Presiding.

Before KLEINFELD, McKEOWN, and FISHER, Circuit Judges.

MEMORANDUM ^**

** This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as may be provided by 9th Cir. R. 36-3.

Five Montana state prisoners housed in Crossroads Correctional Center appeal pro se the district court's order dismissing without prejudice their 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction pursuant to 28 U.S.C. § 1291. We review de novo, Rumbles v. Hill, 182 F.3d 1064, 1067 (9th Cir.1999), and affirm.

Because the Prison Litigation Reform Act ("PLRA") states that a prisoner "confined in any jail, prison, or other correctional facility" cannot bring an action about prison conditions without exhausting administrative remedies, appellants' contention that the PLRA is inapplicable to private correctional facilities lacks merit. 42 U.S. C.1997e(a).

Appellants' contention that the Crossroads Correctional Center's grievance procedures are inadequate lacks merit because regardless of their adequacy prisoners are required to exhaust available administrative remedies before bringing actions about prison conditions. See id.; Booth v. Churner, 532 U.S. 731, 121 S.Ct. 1819, 1825, 149 L.Ed.2d 958 (2001).

The administrative remedy for Crossroads Correctional Center prisoners wishing to file medical negligence claims is to file with the Montana Medical Legal Panel. See Mont.Code Ann. § 27-6-701. Because the record indicates that none of the appellants exhausted their administrative remedies with the Montana Medical Legal Panel, the district court did not err in dismissing the complaint without prejudice. See Booth, 121 S.Ct. at 1825.

AFFIRMED.