Summary
This United States District Court decision grants the defendants' motion for summary judgment in a pro se civil rights action brought under 42 U.S.C. § 1983. The court ruled that the plaintiff failed to exhaust available administrative remedies as required by the Prison Litigation Reform Act because he did not appeal his grievances to higher levels per jail policy. Consequently, the action was dismissed without prejudice.
Topics
Practice areas
Questions Presented
- Whether Gordon exhausted the administrative remedies required by the Prison Litigation Reform Act, and therefore whether summary judgment was proper.
Holdings
- Gordon failed to exhaust the required administrative remedies, and the court granted defendants' motion for summary judgment and dismissed the action without prejudice.
Key quotations
“The Court will assume all facts asserted by Defendants are undisputed and will decide the motion without his input.” (at 1)
Factual background
Dontrell Gordon, a prisoner, filed a civil rights action alleging violations of his rights. He filed grievances but never appealed the prison's decisions, and he did not respond to the defendants' summary judgment motion.
Procedural history
Plaintiff filed a §1983 action while incarcerated. Defendants moved for summary judgment on the ground of failure to exhaust administrative remedies. Plaintiff failed to respond, and the court decided the motion.