Jacque Miller v. Patti Wachtendorf, No. 20-1021 (8th Cir. 2020)

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Court Description: [Per Curiam - Before Kelly, Wollman and Stras, Circuit Judges] Prisoner case - Prisoner civil rights. The district court did not err in granting defendants summary judgment on the ground plaintiff had not exhausted his administrative remedies before filing suit. [ May 26, 2020 ]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-1021 ___________________________ Jacque Louis Miller lllllllllllllllllllllPlaintiff - Appellant v. Patti Wachtendorf; Kristine Wietzell; Frank Filippelli; Rhonda Lanser; Donna Cook; Tasha Whalen; Dennis Miller lllllllllllllllllllllDefendants - Appellees Iowa State Penitentiary; Newton Correctional Facility; Iowa State Penitentiary Health Services Department; Newton Correctional Facility Health Services Department lllllllllllllllllllllDefendants ____________ Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________ Submitted: May 21, 2020 Filed: May 27, 2020 [Unpublished] ____________ Before KELLY, WOLLMAN, and STRAS, Circuit Judges. ____________ PER CURIAM. In this 42 U.S.C. § 1983 action, Iowa inmate Jacque Louis Miller appeals the district court’s1 adverse grant of summary judgment based on his failure to exhaust administrative remedies. See Faulkner v. Douglas Cty. Neb., 906 F.3d 728, 732 (8th Cir. 2018) (reviewing de novo grant of summary judgment); King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (8th Circ. 2010) (reviewing de novo dismissal for failure to exhaust administrative remedies). We agree with the district court that Miller did not adequately counter defendants’ evidence showing that he did not exhaust available administrative remedies before filing suit; and thus that dismissal was required. See Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (dismissal is mandatory if exhaustion was not completed at time of filing). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Stephanie M. Rose, United States District Court Judge for the Southern District of Iowa. -2-

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