Stewart v. Nottoway Correctional Center et al, No. 1:2020cv00435 - Document 28 (E.D. Va. 2021)
Court Description: MEMORANDUM OPINION and ORDER granting defendant's motion for summary judgment. Ordered that this civil action be and is dismissed. Signed by District Judge Liam O'Grady on 09/02/2021. (dvanm, c/m 9/2/2021)
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Stewart v. Nottoway Correctional Center et al Doc. 28 Case 1:20-cv-00435-LO-TCB Document 28 Filed 09/02/21 Page 1 of 4 PageID# 146 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Alexandria Division Jermain A.Stewart, Plaintiff, I:20cv435(LO/TCB) Nottoway Correctional Center,ct ah. Defendants. MEMORANDUM OPINION & ORDER Jermain A. Stewart, a Virginia inmate, has brought a civil-rights suit, see 42 U.S.C. ยง 1983, against S. Pulliam, a unit manager at Nottoway Correctional Center, alleging that she failed to protect him from another inmate. Dkt. No. 12, Operative Compl. Pulliam moves for summary judgment, Dkt. No. 21, and has provided Stewart, a pro se litigant, \vith the notice required by Local Rule 7(K)and Roseboro v. Garrison. 528 F.2d 309(4th Cir. 1975), Dkt. No. 23. Stewart opposes that motion. Dkt. No. 24. Because the undisputed evidence demonstrates that Stewart failed to exhaust his administrative remedies, the Court will grant Pulliam's motion. I. Background In the complaint Stewart alleges that on March 27, 2020, he informed S. Pulliam that he feared for his safety because another inmate, R. Roberts, had written him "sexual letters." Dkt. No. 12. Stewart adds that he asked Pulliam for a move,and she refused. According to Stewart, Pulliam then told Roberts that Stewart had reported his behavior under the Prison Rape Elimination Act. That evening, Stewart alleges, Roberts attacked him with a razor blade, causing injuries requiring transportation to a hospital for stitches. The following week,on April 5,2020, Stewart initiated this civil action. Dkt. No. 1. Dockets.Justia.com Case 1:20-cv-00435-LO-TCB Document 28 Filed 09/02/21 Page 2 of 4 PageID# 147 Case 1:20-cv-00435-LO-TCB Document 28 Filed 09/02/21 Page 3 of 4 PageID# 148 Case 1:20-cv-00435-LO-TCB Document 28 Filed 09/02/21 Page 4 of 4 PageID# 149
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