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Winding v. GEO Grp.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION
Jun 5, 2012
CIVIL ACTION NO. 4:11cv192-FKB (S.D. Miss. Jun. 5, 2012)

Opinion

CIVIL ACTION NO. 4:11cv192-FKB

06-05-2012

JAMES C. WINDING PLAINTIFF v. GEO GROUP, et al. DEFENDANTS


MEMORANDUM & OPINION

James C. Winding is a state prisoner incarcerated at East Mississippi Correctional Facility (EMCF). He brought this action pursuant to § 1983 alleging that on November 15, 2011, he suffered injuries as a result of exposure to a chemical agent sprayed in a nearby cell and that he was denied medical care for his injuries. A Spears hearing has been held, and the parties have consented to jurisdiction by the undersigned.

See Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985).

In his testimony at the Spears hearing, Plaintiff admitted that he has failed to complete the Administrative Remedies Program (ARP) process for his claims. He stated that although he has filed an ARP grievance regarding these events, the grievance is still in "backlog" because of the number of prior grievances filed by him which remain pending.

The Prison Litigation Reform Act (PLRA) requires an inmate to exhaust administrative remedies before bringing an action with respect to prison conditions. 42 U.S.C. § 1997(e). The exhaustion requirement is mandatory and "applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes." Porter v. Nussle, 534 U.S. 516, 532 (2002). Dismissal is appropriate where an inmate has failed to meet the exhaustion requirement. Alexander v. Tippah Cnty., Miss., 351 F.3d 626, 630 (5th Cir. 2003).

For this reason, this action is dismissed without prejudice so that Plaintiff may be pursue his administrative remedies. A separate judgment will be entered.

F. Keith Ball

UNITED STATES MAGISTRATE JUDGE


Summaries of

Winding v. GEO Grp.

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION
Jun 5, 2012
CIVIL ACTION NO. 4:11cv192-FKB (S.D. Miss. Jun. 5, 2012)
Case details for

Winding v. GEO Grp.

Case Details

Full title:JAMES C. WINDING PLAINTIFF v. GEO GROUP, et al. DEFENDANTS

Court:UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION

Date published: Jun 5, 2012

Citations

CIVIL ACTION NO. 4:11cv192-FKB (S.D. Miss. Jun. 5, 2012)