Penister v. Stvartak

Summary

This document is a magistrate judge’s proposed findings and recommendations in a prisoner civil-rights action alleging deliberate indifference to serious medical needs. The recommendation concludes that the plaintiff failed to exhaust available administrative remedies under the Prison Litigation Reform Act and recommends granting defendants’ motion for summary judgment and dismissing the claims without prejudice.

Holdings

1. Plaintiff failed to exhaust administrative remedies because he did not appeal his grievances, and medical requests are not grievances under the applicable policy.

Questions Presented

1. Whether Plaintiff exhausted administrative remedies before filing suit under the Prison Litigation Reform Act.

Disposition

dismissed