Partin v. Tilford, No. 5:2013cv00193 - Document 128 (W.D. Ky. 2016)
Court Description: MEMORANDUM OPINION AND ORDER signed by Senior Judge Charles R. Simpson, III on 8/2/2016, DENYING Defendant's 124 Motion to Correct Order. cc: Plaintiff, pro se; Counsel(RLK)
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Partin v. Tilford Doc. 128 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT PADUCAH STACY L. PARTIN PLAINTIFF v. CIVIL ACTION NO. 5:13-cv-00193-CRS RON TILFORD DEFENDANT MEMORANDUM OPINION AND ORDER Defendant Ron Tilford moves the Court to correct its June 7, 2016 order granting Tilford’s motion to dismiss without prejudice. ECF No. 124. Tilford requests the Court alter the order to reflect a dismissal with prejudice. The Court will deny this request. Tilford provides no substantive argument as to why this Court should alter its order. This Court granted Tilford’s motion to dismiss on the ground that Partin failed to exhaust required administrative remedies. June 7, 2016 Memo. Op., ECF No. 121. Under the Prison Litigation Reform Act of 1995, Pub. L. No. 104–134, 110 Stat. 1321 (1996), a prisoner must exhaust all available administrative remedies before filing a Section 1983 action in federal district court. See Brown v. Toombs, 139 F.3d 1102, 1103 – 04 (6th Cir. 1998). Failure to exhaust these remedies warrants dismissal without prejudice of the prisoner’s claims. See Boyd v. Corr. Corp. of Am., 380 F.3d 989, 994 (6th Cir. 2004). This allows Plaintiff Stacy L. Partin to file these claims in the manner contemplated under 42 U.S.C. § 1997e. Dismissal with prejudice is inappropriate. The Court DENIES Defendant Ron Tilford’s motion for correction of order (DN 124). IT IS ORDERED. August 2, 2016 1 Dockets.Justia.com
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