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Goldsmith v. Banks

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

September 26, 2018

KENNETH RAY GOLDSMITH PLAINTIFF
v.
JACQUELINE BANKS et al. DEFENDANTS

          MEMORANDUM OPINION AND ORDER GRANTING DEFENDANTS' MOTION FOR SUMMARY JUDGMENT

          JOHN C. GARGIULO UNITED STATES MAGISTRATE JUDGE.

         BEFORE THE COURT is a Motion for Summary Judgment (ECF No. 58), filed by Defendants Jacqueline Banks, Marshal Turner, Mark Davis, Lucy Martin, Evon Henderson, Faytonia Johnson, Jarita Bivens, and Rongelia Powe. The Motion for Summary Judgment was filed following an omnibus hearing that also operated as a Spears hearing.[1] Plaintiff Kenneth Ray Goldsmith, a postconviction inmate in the custody of the Mississippi Department of Corrections (MDOC) was ordered to file a response to the Motion for Summary Judgment and has done so. (ECF No. 61).

         Having considered the submissions of the parties, the record, and relevant law, the Court finds that Defendants' Motion for Summary Judgment must be GRANTED because Plaintiff did not complete MDOC's two-step grievance process before filing this suit.

         BACKGROUND

         Plaintiff's suit concerns events allegedly occurring at the South Mississippi Correctional Institution (SMCI) in Leakesville, Mississippi, where Plaintiff is currently housed. Plaintiff is suing Capt. Mark Davis because Plaintiff claims that Capt. Davis planted contraband in his cell that resulted in Plaintiff receiving three rule violations. Plaintiff believes that Capt. Davis has orchestrated retaliation against him for filing this suit.

         Plaintiff is suing Lt. Lucy Martin because she was the hearing officer who heard the appeals regarding the rule violations. (ECF No. 61, at 2). Plaintiff has sued Marshal Turner “because my RVRs was appeal to him in the proper matter.” Id. Plaintiff is suing Jacqueline Banks for not following policy. Id. Plaintiff has sued Evon Henderson because she is related to Capt. Davis and did not place Plaintiff in protective custody. Id. Plaintiff has sued Capt. Johnson because she “had the power to move me out of harms [sic] way.” Id. Plaintiff has sued Jarita Bivens because “she didn't give me a proper classification hereing [sic].” Id.

         DISCUSSION

         A. Summary Judgment Standard

         A motion for summary judgment shall be granted “if the movant shows that there is no genuine dispute of material fact and the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(a). In evaluating a motion for summary judgment, the Court must construe “all facts and inferences in the light most favorable to the non-moving party.” McFaul v. Valenzuela, 684 F.3d 564, 571 (5th Cir. 2012).

         B. The Prison Litigation Reform Act's exhaustion requirement

         Under the Prison Litigation Reform Act, Pub. L. No. 104-134, 110 Stat. 1321, H.R. 3019 (codified as amended in scattered titles and sections of the U.S.C.), prisoners are required to exhaust available administrative remedies before filing a conditions-of-confinement lawsuit:

No action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.

42 U.S.C. § 1997e(a).

         The PLRA's exhaustion requirement protects administrative agency authority, promotes efficiency, and produces “a useful record for subsequent judicial consideration.” Woodford v. Ngo, 548 U.S. 81, 89 (2006). A prisoner's ...


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