Opinion
Civil Action No. 1:02-CV-013-BG
April 3, 2002
ORDER OF DISMISSAL WITHOUT PREJUDICE
Plaintiff, proceeding pro se and in forma pauperis, has filed a claim pursuant to 42 U.S.C. § 1983 alleging deliberate indifference to his serious medical needs, specifically the delay of receipt of prescribed hearing aids. Plaintiff has consented to proceed in this matter before the United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).
On March 22, 2002, Plaintiff was ordered by the court to complete a questionnaire concerning his allegations in this case. Subsequently. on March 29, 2002. Plaintiff's answers to the court's questionnaire were filed. Plaintiff indicated in his complaint and in his answers to the Questionnaire that he did not file a Step Two grievance with regard to his initial allegations. Further, he indicated that he has since received one hearing aid and has not filed a grievance with regard to receiving the second hearing aid.
The United States Supreme Court has held that the exhaustion requirement of the Prison Litigation Reform Act applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes, and whether they allege excessive force or some other wrong. Porter v. Nussle, 122 S.Ct. 983 (2002). Further, regardless of the relief requested, exhaustion of administrative remedies is required. Booth v. Churner, 532 U.S. 731 (2001); Wright v. Hollingsworth, 260 F.3d 357, 358 (5th Cir. 2001). Therefore, this action should be dismissed for failure to exhaust administrative remedies. It is, therefore,
ORDERED that Plaintiff's complaint is hereby DISMISSED without prejudice.
Let judgment be entered accordingly.
The Clerk shall furnish a copy hereof to TDCJ-ID Litigation Support, Office of the General Counsel, P.O. Box 13084, Capitol Station, Austin, Texas 78711, to each party appearing pro se, and to each attorney of record.
SO ORDERED.