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Robinson v. Fisher

United States District Court, S.D. Mississippi, Southern Division

March 1, 2017

JONATHAN M. ROBINSON PLAINTIFF
v.
MARSHALL FISHER, et al. DEFENDANTS

         ORDER ADOPTING MAGISTRATE JUDGE'S [28] REPORT AND RECOMMENDATION; GRANTING DEFENDANT RONALD WOODALL'S [19] MOTION TO DISMISS FOR FAILURE TO EXHAUST AVAILABLE ADMINISTRATIVE REMEDIES; AND GRANTING DEFENDANTS MARSHALL FISHER AND UNKNOWN CRAWSON'S [31] MOTION FOR SUMMARY JUDGMENT FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES

          HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE.

         BEFORE THE COURT is the Report and Recommendation [28] of United States Magistrate Judge John C. Gargiulo, entered in this case on November 15, 2016, on the Motion [19] to Dismiss for Failure to Exhaust Available Administrative Remedies filed by Defendant Ronald Woodall. Based upon his review of Plaintiff's Complaint [1], Defendant Woodall's Motion [19], related pleadings, and relevant legal authority, the Magistrate Judge recommended that Defendant Woodall's Motion [19] be granted and that Plaintiff's claims against Defendant Woodall be dismissed without prejudice for Plaintiff's failure to exhaust administrative remedies. R. & R. [28] at 9. Plaintiff has not filed any objection to the Report and Recommendation. After thoroughly reviewing the Magistrate Judge's Report and Recommendation [28], Defendant Woodall's Motion [19] to Dismiss, the record, and relevant legal authority, the Court finds that the Magistrate Judge's Report and Recommendation [28] should be adopted as the finding of the Court. Defendant Woodall's Motion [19] to Dismiss should be granted, and Plaintiff's claims against Defendant Woodall should be dismissed without prejudice.

         Also before the Court is the Motion [31] for Summary Judgment for Failure to Exhaust Administrative Remedies filed by Defendants Marshall Fisher and Judy Clawson (incorrectly identified as “Unknown Crawson”). Plaintiff has not responded to Defendants Fisher and Clawson's Motion [31]. Having reviewed Plaintiffs' Complaint [1], Defendants Fisher and Clawson's Motion [31], the record as a whole, and relevant legal authority, the Court is of the opinion that Defendants Fisher and Clawson's Motion [31] should also be granted. Plaintiff's claims against Defendants Fisher and Clawson should also be dismissed without prejudice.

         I. BACKGROUND

         A. Factual background

         At the time he filed the Complaint [1] on March 24, 2016, Plaintiff Jonathan M. Robinson (“Plaintiff” or “Robinson”) was incarcerated at the South Mississippi Correctional Institution (“SMCI”) in Leakesville, Mississippi. See Compl. [1] at 1. Plaintiff alleges that in 2014 he was being held at the George County Community Work Center (“CWC”), where he was assigned to clean the lagoon at the waste treatment plant without the proper personal protective equipment. Id. at 4.

         In November 2014, Plaintiff was moved to Beat 3 Road Maintenance in George County, and on February 8, 2015, Plaintiff was reassigned to Beat 4 Road Maintenance in the County. Id. at 5. Plaintiff alleges that on February 8, 2015, a County worker named Jason Unknown (“Jason”) ordered Plaintiff to ride on a one-person tractor with him. Id. “Jason hit a bump on the road, and [Plaintiff] fell off the tractor.” Id. “Jason ran over [Plaintiff] with the tractor - breaking [Plaintiff's] left leg in several places, detaching [his] calf muscle from the bone, and crushing [his] left foot.” Id. at 5-6. Plaintiff was transported to a hospital where he remained until mid-March 2015, when he returned to the SMCI infirmary. Id. at 6-7. While in the infirmary, Plaintiff was under the care of Defendant Dr. Woodall. Plaintiff states that Dr. Woodall released him from his care in May 2015, at which point Plaintiff was placed back in general population. Id. at 7.

         While Plaintiff was in the SMCI infirmary, he claims that he “repeatedly requested to [Inmate Legal Assistance Program (“ILAP”)] to pick up a ARP. But either the staff [he] was giving it to did not drop the forms in the right box, or the forms were ignored, or during ILAP [Plaintiff] would be at a DR appointment.” Id. Plaintiff asserts that he “repeatedly tried to follow MDOC procedures to file this ARP but through no fault of [his] own it never happened.” Id.

         Plaintiff attaches to the Complaint a handwritten copy of what he alleges is the ARP he drafted in the infirmary, but that was never picked up. See Ex. “A” [1-1] at 1-9. The date above Plaintiff's signature on this document is March 24, 2015. Id. at 9. The “Statement of Claim” in the ARP mentions Plaintiff's work at the George County CWC, his leg injury and treatment, and his attempts to submit an ARP. Id. at 3-6.

         B. Procedural history

         Plaintiff filed the Complaint [1] in this case on March 24, 2016, pursuant to 42 U.S.C. §1983, naming as Defendants Marshall Fisher (“Fisher”); Unknown Crawson, later identified as Judy Clawson (“Clawson”);[1] and Jason Unknown (“Jason”). Id. at 1-2. Pursuant to Orders [12], [13] entered on June 2 and 10, 2016, the Magistrate Judge directed the Clerk to add John and Jane Does, Dr. Woodall, Nurse Patterson, and Nurse Brown as Defendants. Order [12] at 1; Order [13] at 1. On June 14, 2016, the Court dismissed Nurses Patterson and Brown. Order [14] at 5.

         Plaintiff claims that Fisher is liable on a theory of respondeat superior because “it is his duty to properly train and provide proper equipment for the officers under him.” Pl.'s Answers to the Court [11] at 1. Plaintiff asserts that Clawson “violated [his] constitutional rights because as the individual in charge at the George County Community Work Center she should have made sure that [Plaintiff] had the necessary safety equipment.” Id.

         Plaintiff alleges that Dr. Woodall “failed to follow Dr. Gregg's (a specialist) orders, which were to walk about for 30 minutes every day to prevent a blood clot and stiffness. Further I did not continue the physical therapy which was started at Forest [sic] General Hospital.” Id. at 2.

         On June 22, 2016, Defendant Woodall filed a Motion [19] to Dismiss for Failure to Exhaust Available Administrative Remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a) (the “PLRA”). Woodall's Mot. [19] at 1-2. Woodall argues that the ARP Plaintiff allegedly attempted to submit does not mention any claims against him, such that Plaintiff's attempts to justify his failure to exhaust administrative remedies fail as to Woodall. Id. at 2.

         Plaintiff responded that “[r]emedies for plaintiff are no longer available due to inability to avail to them [sic] prior as mention [sic] ¶ 9(23).” Pl.'s Resp. [27] at 1. Based upon the address on the envelope provided by Plaintiff with his Response [27], the Clerk of Court updated Plaintiff's address on the docket to be Central Mississippi Correctional Facility in Pearl, Mississippi.

         On November 15, 2016, the Magistrate Judge entered a Report and Recommendation [28]. The Magistrate Judge determined that Plaintiff failed to exhaust his administrative remedies as to his claim against Woodall, R. & R. [28] at 7, and ...


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