Lanier v. Doerer

Summary

The United States District Court for the Eastern District of California recommends summary dismissal of Kareem Lanier’s Bivens action for failure to exhaust administrative remedies under the Prison Litigation Reform Act. The magistrate judge concludes that Plaintiff admitted he had not exhausted his remedies, failed to establish an applicable exception under Ross v. Blake, and did not respond to the order to show cause.

Holdings

1. A prisoner may not bring an action concerning prison conditions in federal court before exhausting available administrative remedies as required by 42 U.S.C. § 1997e(a).
2. Plaintiff's allegations that he was cut off from the world and that remedies were deliberately withheld did not establish an applicable exception to the exhaustion requirement under Ross v. Blake.

Questions Presented

1. Whether the action should be summarily dismissed because plaintiff failed to exhaust available administrative remedies before filing suit.
2. Whether plaintiff's asserted inability to access remedies constituted an exception to the PLRA exhaustion requirement under Ross v. Blake.

Disposition

other