Winding v. The GEO Group Inc. et al, No. 4:2011cv00119 - Document 45 (S.D. Miss. 2012)
Court Description: MEMORANDUM AND OPINION Signed by Magistrate Judge F. Keith Ball on 6/5/12. (Copy mailed to Plaintiff.) (dfk)
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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI EASTERN DIVISION JAMES WINDING PLAINTIFF VS. CIVIL ACTION NO. 4:11cv119-FKB THE GEO GROUP, et al. DEFENDANTS MEMORANDUM & OPINION James C. Winding is a state prisoner incarcerated at East Mississippi Correctional Facility (EMCF). He brought this action pursuant to § 1983 alleging that a prison officer, Ken Morgan, sexually assaulted and threatened him. A Spears1 hearing has been held, and the parties have consented to jurisdiction by the undersigned. 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 1 See Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985). reason, this action is dismissed without prejudice so that Plaintiff may complete the prison s administrative process. A separate judgment will be entered. SO ORDERED this the 5th day of June, 2012. /s/ F. Keith Ball ________________________________ UNITED STATES MAGISTRATE JUDGE
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