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Winding v. Jackson

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION
Jun 5, 2012
CIVIL ACTION NO. 4:12cv14-FKB (S.D. Miss. Jun. 5, 2012)

Opinion

CIVIL ACTION NO. 4:12cv14-FKB

06-05-2012

JAMES WINDING PLAINTIFF v. R. JACKSON, et al. DEFENDANTS


MEMORANDUM & OPINION

James Winding is a state prisoner incarcerated at East Mississippi Correctional Facility (EMCF). He brought this action pursuant to § 1983 alleging that on January 19, 2012, a prison officer allowed two gang members to attack him in her office. 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).

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 PLRA's 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). In his testimony at the Spears hearing, Plaintiff admitted that he has failed to complete EMCF's Administrative Remedies Program (ARP) process for this claim. He stated that although he has filed an ARP grievance based upon this incident, that grievance remains in "backlog" because of the number of pending grievances filed by him.

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 complete the prison's administrative process for this claim. A separate judgment will be entered.

F. Keith Ball

UNITED STATES MAGISTRATE JUDGE


Summaries of

Winding v. Jackson

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION
Jun 5, 2012
CIVIL ACTION NO. 4:12cv14-FKB (S.D. Miss. Jun. 5, 2012)
Case details for

Winding v. Jackson

Case Details

Full title:JAMES WINDING PLAINTIFF v. R. JACKSON, 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. 4:12cv14-FKB (S.D. Miss. Jun. 5, 2012)