Jacoby Garrett v. John Doe (B), No. 16-1269 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Wollman, Murphy and Gruender, Circuit Judges] Prisoner case - Prisoner Civil rights. The district court did not err in granting defendants' motion for summary judgment as plaintiff had failed to exhaust his administrative remedies as required under the Prison Litigation Reform Act.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1269 ___________________________ Jacoby Garrett lllllllllllllllllllll Plaintiff - Appellant v. John Doe (B); John Doe (C); John Doe (D); John Doe (E); John Doe (F); John Doe (G); John Doe (H); John Doe (I); John Doe (J); John Doe (K); John Doe (L); John Doe (M); John Doe (N) lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the Northern District of Iowa - Dubuque ____________ Submitted: March 2, 2017 Filed: March 9, 2017 [Unpublished] ____________ Before WOLLMAN, MURPHY, and GRUENDER, Circuit Judges. ____________ PER CURIAM. In this 42 U.S.C. § 1983 action, Jacoby Garrett appeals the district court’s1 adverse grant of summary judgment based on its finding that he had failed to exhaust administrative remedies, as required under the Prison Litigation Reform Act (PLRA). After careful review of the record and the parties’ arguments on appeal, we conclude that no genuine issue of material fact remained as to whether he failed to exhaust available administrative remedies. See 42 U.S.C. § 1997e(a) (requiring prisoners to exhaust available administrative remedies prior to bringing a federal prison-conditions claim under § 1983); King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (8th Cir. 2010) (de novo standard of review). Garrett effectively conceded the availability of an administrative remedy in stating that he had filed numerous grievance forms, and he did nothing to counter defendants’ evidence that he failed to exhaust these remedies aside from the mere claim that he had done so in his unsworn complaint. Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Edward J. McManus, United States District Judge for the Northern District of Iowa. -2-
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