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