Sometimes courts dismiss a complaint without prejudice on the ground that the prisoner can properly exhaust his administrative remedies and then reinstitute his suit. See, e.g., Waters v. Blumberg, 2020 WL 3451853, at *13 (D. Conn. 2020). But whereas the prior version of Administrative Directive 8.9 did not impose a time limit for the initial filing of a health services remedy, the new version-in effect since April 30, 2021-contains a time limitation of 30 days.
In this context, a court may sometimes dismiss a complaint without prejudice on the ground that the inmate can properly exhaust his administrative remedies and then reinstitute his suit. See, e.g., Waters v. Blumberg, 2020 WL 3451853, at *13 (D. Conn. 2020). But whereas the prior version of AD 8.9 did not contain a statute of limitations for the initial filing of a health services remedy
The fact that Plaintiff was able to file an administrative remedy form (CN 9602) on October 24, 2018 shows that his administrative remedies were not unavailable to him so as to excuse his exhaustion requirement as contemplated by Ross. He was not precluded by Administrative Directive 8.9 from filing another form CN 9602 for a Health Services Review to complain about his medical treatment or RN Kilham's conduct prior filing this action on November 1, 2019. See Waters v. Blumberg, No. 3:19-cv-00812 (CSH), 2020 WL 3451853, at *13 (D. Conn. June 24, 2020) (Administrative Directive 8.9 "does not contain a statute of limitations for the initial filing of a Review of a Diagnosis or Treatment."); Carter v. Revine, No. 14-cv-01553 (VLB), 2017 WL 2111594, at *15 (D. Conn. May 15, 2017) (noting the "stark contrast" between Directive 9.6, which imposes a thirty-day statute of limitations on the grievance process, and Directive 8.9, which "contains no statute of limitations for the initial filing of a Review of an Administrative Issue"). Thus, the record reflects that Plaintiff's administrative remedies were available, but he failed to take the steps necessary to exhaust his administrative remedies under Administrative Directive 8.9.