Jamarion Bell v. Major Holmes; Sgt. C. Boswell; Lt. Thomas Horton; Ofc. Cannon; Capt. R. Cooper; John Meyers; Brandon DeBaun; Mary Bramucci; Harry J. Johnson, II; Capt. Carnes; Sgt. S. Robinson; Capt. Karl Von Mutius; A.W.W. Brightharp; Sgt. C. Brunson

Summary

The United States District Court for the District of South Carolina rejected a magistrate judge’s recommendation to grant defendants’ motion to dismiss or for summary judgment in Jamarion Bell’s § 1983 action. The court found conflicting evidence concerning when Bell submitted his Step 2 grievance and recommitted the matter to the magistrate judge for further proceedings on administrative exhaustion. The court directed that, if defendants failed to establish nonexhaustion, the magistrate judge should address Bell’s pending motions and conduct additional pretrial proceedings.

Holdings

1. The record did not conclusively establish that Plaintiff failed to timely submit his Step 2 grievance because the evidence conflicted concerning when he placed it in the designated institutional grievance box. The Court therefore rejected the Report and Recommendation and recommitted the matter to the Magistrate Judge for further proceedings on administrative exhaustion.

Questions Presented

1. Whether the Magistrate Judge properly recommended granting Defendants' motion to dismiss or for summary judgment based on Plaintiff's alleged failure to exhaust administrative remedies under the PLRA.
2. Whether the existing record conclusively established that Plaintiff untimely submitted his Step 2 grievance when the grievance was signed on November 27, 2024, but marked received on December 12, 2024.

Disposition

remanded