Summary
This federal district court order dismisses a pro se prisoner’s civil rights action alleging denial of medical care while incarcerated. The court accepted the magistrate judge’s recommendation to grant summary judgment and dismiss all claims with prejudice due to the plaintiff’s failure to exhaust administrative remedies. The plaintiff failed to object to the magistrate’s reports or respond to the motion for summary judgment. All pending motions were denied as moot.
Topics
Practice areas
Questions Presented
- Whether the plaintiff's failure to exhaust administrative remedies bars his §1983 claims.
- Whether the district court may grant summary judgment based on the magistrate's report finding no cause of action.
Holdings
- All claims are dismissed with prejudice because the plaintiff failed to exhaust administrative remedies.
Key quotations
“the court need only satisfy itself that there is no clear error on the face of the record.”
“All claims in this matter are dismissed with prejudice for failure to exhaust administrative remedies.”
Factual background
Billy Don Clemons, while imprisoned in Gregg County Jail, alleged that prison officials denied him necessary medical care. He filed a §1983 action without first exhausting the prison's administrative grievance procedures.
Procedural history
Plaintiff filed a pro se §1983 action alleging denial of medical care while incarcerated. The magistrate judge issued reports recommending dismissal of all defendants except Dr. White and later recommending summary judgment on Dr. White's claim and dismissal of the remaining claims for failure to exhaust administrative remedies. Plaintiff did not object. The district court adopted the magistrate's recommendations and dismissed all claims.