United States District Court, S.D. Mississippi, Southern Division
JONATHAN M. ROBINSON PLAINTIFF
MARSHALL FISHER, et al. DEFENDANTS
ADOPTING MAGISTRATE JUDGE'S  REPORT AND
RECOMMENDATION; GRANTING DEFENDANT RONALD WOODALL'S 
MOTION TO DISMISS FOR FAILURE TO EXHAUST AVAILABLE
ADMINISTRATIVE REMEDIES; AND GRANTING DEFENDANTS MARSHALL
FISHER AND UNKNOWN CRAWSON'S  MOTION FOR SUMMARY
JUDGMENT FOR FAILURE TO EXHAUST ADMINISTRATIVE REMEDIES
SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE.
THE COURT is the Report and Recommendation  of United
States Magistrate Judge John C. Gargiulo, entered in this
case on November 15, 2016, on the Motion  to Dismiss for
Failure to Exhaust Available Administrative Remedies filed by
Defendant Ronald Woodall. Based upon his review of
Plaintiff's Complaint , Defendant Woodall's Motion
, related pleadings, and relevant legal authority, the
Magistrate Judge recommended that Defendant Woodall's
Motion  be granted and that Plaintiff's claims
against Defendant Woodall be dismissed without prejudice for
Plaintiff's failure to exhaust administrative remedies.
R. & R.  at 9. Plaintiff has not filed any objection
to the Report and Recommendation. After thoroughly reviewing
the Magistrate Judge's Report and Recommendation ,
Defendant Woodall's Motion  to Dismiss, the record,
and relevant legal authority, the Court finds that the
Magistrate Judge's Report and Recommendation  should
be adopted as the finding of the Court. Defendant
Woodall's Motion  to Dismiss should be granted, and
Plaintiff's claims against Defendant Woodall should be
dismissed without prejudice.
before the Court is the Motion  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
. Having reviewed Plaintiffs' Complaint ,
Defendants Fisher and Clawson's Motion , the record
as a whole, and relevant legal authority, the Court is of the
opinion that Defendants Fisher and Clawson's Motion 
should also be granted. Plaintiff's claims against
Defendants Fisher and Clawson should also be dismissed
time he filed the Complaint  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.  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.
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.
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.
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.
filed the Complaint  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”); and Jason Unknown
(“Jason”). Id. at 1-2. Pursuant to
Orders ,  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  at 1; Order  at 1. On June 14,
2016, the Court dismissed Nurses Patterson and Brown. Order
 at 5.
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  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.”
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.
22, 2016, Defendant Woodall filed a Motion  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.  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.
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.  at 1.
Based upon the address on the envelope provided by Plaintiff
with his Response , the Clerk of Court updated
Plaintiff's address on the docket to be Central
Mississippi Correctional Facility in Pearl, Mississippi.
November 15, 2016, the Magistrate Judge entered a Report and
Recommendation . The Magistrate Judge determined that
Plaintiff failed to exhaust his administrative remedies as to
his claim against Woodall, R. & R.  at 7, and