Opinion

Weston v. Miller

Court
District Court, W.D. Arkansas
Filed
Jan 25, 2022
Cited by
0 cases
Authority
More cited than 17.2%

The opinion

IN THE UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF ARKANSAS

TEXARKANA DIVISION

CHRISTOPHER J. WESTON PLAINTIFF

v. Civil No. 4:20-cv-4077

SERGEANT MILLER, Nevada County

Correctional Officer; KATY SHEETS;

Nevada County Correctional Officer;

OFFICER REYN BROWN, City of Prescott;

and MS. BARNS, Nevada County

Correctional Officer DEFENDANTS

ORDER

Before the Court is the Report and Recommendation filed October 14, 2021, by the

Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.

(ECF No. 39). Judge Bryant recommends that the Court grant Defendants Miller, Sheets, and

Barnes’ Motion for Summary Judgment (ECF No. 28) because Plaintiff failed to exhaust his

administrative remedies before filing suit as required under the Prison Litigation Reform Act

(“PLRA”). See 42 U.S.C § 1997e(a).

Defendants filed the instant summary judgment motion seeking to dismiss the only

remaining cause of action in Plaintiff’s Complaint, which alleges that Defendants tampered with

Plaintiff’s legal mail while Plaintiff was incarcerated in the Nevada County Jail. (ECF No. 28).

Judge Bryant found that the PLRA required Plaintiff to submit his allegations of legal mail

tampering to Nevada County via the Jail’s official grievance procedures before filing this lawsuit.

Judge Bryant recommends that Defendants’ summary judgment motion be granted and that

Plaintiff’s Complaint be dismissed without prejudice because he failed to exhaust those

administrative remedies before filing suit.

Plaintiff filed timely objections to the Report and Recommendation. (ECF No. 40).

However, Plaintiff’s objections fail to address Judge Bryant’s findings that Plaintiff failed to

exhaust his administrative remedies. Instead, Plaintiff’s objections contain conclusory assertions

that fail to suggest how or why Plaintiff actually complied with the official grievance procedures

of Nevada County. Accordingly, Plaintiff’s objections are insufficient to trigger de novo review.

Based on the forgoing, the Court agrees with the Report and Recommendation in that

Plaintiff failed to exhaust the administrative procedures of the Nevada County jail before filing

this lawsuit. Therefore, and otherwise finding no clear error on the face of the record, the Court

adopts the Report and Recommendation (ECF No. 39) in toto. Plaintiff’s complaint is hereby

DISMISSED WITHOUT PREJUDICE.1

IT IS SO ORDERED, this 24th day of January, 2022.

/s/ Susan O. Hickey

Susan O. Hickey

Chief United States District Judge

1 Claims that are dismissed for failure to exhaust administrative remedies should be dismissed without prejudice. See

Langford v. Norris, 614 F.3d 445, 457 (8th Cir. 2010).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.