Breione Walker v. Mark Wellens

Summary

The United States District Court for the Eastern District of Wisconsin grants Defendant Mark Wellens’s motion for summary judgment on the ground that Plaintiff Breione Walker failed to exhaust available administrative remedies before filing an Eighth Amendment action. The case is dismissed without prejudice, and the order explains the deadlines and procedures for appealing or seeking post-judgment relief.

Holdings

1. Because the undisputed facts established that Plaintiff did not exhaust the available administrative remedies before initiating the action, Defendant was entitled to summary judgment under 42 U.S.C. § 1997e(a).
2. The court could accept Defendant's properly supported factual assertions as undisputed and grant summary judgment when Plaintiff failed to respond, consistent with Federal Rule of Civil Procedure 56(e)(2) and (e)(3).

Questions Presented

1. Whether Defendant was entitled to summary judgment because Plaintiff failed to exhaust available administrative remedies before filing the action.
2. Whether Plaintiff's failure to respond permitted the court to deem Defendant's proposed findings of fact undisputed under Federal Rule of Civil Procedure 56(e).

Disposition

dismissed