Summary
upholding dismissal for lack of exhaustion where prisoner was told that he could re-file a grievance before the suit was initiated
Summary of this case from Moussazadeh v. Tex. Dep't of Criminal JusticeOpinion
No. 08-31025 Summary Calendar.
July 24, 2009.
Arthur R. Robinson, Angola, LA, pro se.
Babatunde Mobolade Anima-Shaun, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Defendants-Appellees.
Appeal from the United States District Court for the Middle District of Louisiana, USDC No. 3:07-CV-896.
Before KING, BARKSDALE, and GARZA, Circuit Judges.
Arthur Ray Robinson, Louisiana prisoner # 425796, proceeding pro se and in forma pauperis, filed a complaint under 42 U.S.C. § 1983, claiming prison officials violated his rights by: requiring him to perform tasks that were inconsistent with his medical restrictions; and failing to provide adequate medical treatment. Defendants moved for summary judgment, contending Robinson had failed to exhaust his administrative remedies. The district court found: Robinson's step one grievance had been rejected because it presented multiple claims; and he had not resubmitted the individual claims in proper form. (The form rejecting Robinson's step one grievance specifically advised him he could resubmit his grievance in the proper form.) Accordingly, the district court: determined Robinson had not exhausted his administrative remedies for the individual claims he sought to present in this action; granted summary judgment; and dismissed the complaint.
A summary judgment is reviewed de novo. E.g., Hernandez v. Velasquez, 522 F.3d 556, 560 (5th Cir. 2008). Such judgment is proper if "the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law". FED.R.CIV.P. 56(c).
Under the Prison Litigation Reform Act, exhaustion of available administrative remedies is a threshold requirement for filing a prisoner § 1983 action. 42 U.S.C. § 1997e(a); Porter v. Nussle, 534 U.S. 516, 523-32, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002). Robinson contends the district court erred in granting summary judgment because there were disputed issues of fact. Although there may be such issues concerning the merits of his claims, he has shown no such dispute regarding failure to exhaust his administrative remedies for those claims.
Robinson also maintains he is not required to exhaust his administrative remedies because he seeks only monetary damages. Pursuant to 42 U.S.C. § 1997e(a), exhaustion is required for actions seeking monetary damages, even if they are not available in the prison grievance proceeding. Porter, 534 U.S. at 524, 122 S.Ct. 983.
AFFIRMED.