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Jones v. Smith

United States Court of Appeals, Sixth Circuit
Sep 21, 2001
266 F.3d 399 (6th Cir. 2001)
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Summary

holding that an inmate failed to exhaust administrative remedies when he did not make another attempt to obtain a grievance form after his correction counselor declined his request

Summary of this case from Smith v. Fulton Cnty. Det. Ctr.
See 25 Summaries

Opinion

No. 00-5734.

Filed: September 21, 2001.

Before DAUGHTREY and GILMAN, Circuit Judges; COHN, Senior District Judge.

The Honorable Avern Cohn, Senior United States District Judge for the Eastern District of Michigan, sitting by designation.

ORDER

PER CURIAM.

Frank Jones, a federal prisoner, appeals pro se a district court order dismissing without prejudice his complaint filed under the Americans With Disabilities Act, 42 U.S.C. § 12101 et seq., for failure to exhaust administrative remedies. This case has been referred to a panel of the court pursuant to Rule 34(j)(1), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).

Jones filed this action against a prison counselor and physician. He alleged that he suffers from back problems, diabetes, and high blood pressure, and that defendants had failed to assign him an appropriate prison job and a bottom bunk, or to treat his medical problems properly. He stated that he had not exhausted his administrative remedies because, when he asked his counselor, one of the defendants, for a grievance form, the counselor told him to get out of his office.

The district court sua sponte dismissed the complaint for failure to exhaust administrative remedies, pursuant to 42 U.S.C. § 1997e(a). On appeal, Jones argues that it was futile to require exhaustion in this case because he was denied a grievance form. He also raises a number of issues regarding alleged retaliation that occurred following the filing of this complaint, which were not raised in the district court and need not be addressed.

This court reviews de novo dismissals for failure to exhaust administrative remedies. White v. McGinnis, 131 F.3d 593, 595 (6th Cir. 1997). De novo review of the record in this case reveals that the complaint was properly dismissed for failure to exhaust administrative remedies, pursuant to 42 U.S.C. § 1997e(a). See Booth v. Churner, 531 U.S. 956, 121 S.Ct. 1819, 1825, 149 L.Ed.2d 958 (2001).

Jones failed to demonstrate that he had exhausted his administrative remedies, see Brown v. Toombs, 139 F.3d 1102, 1104 (6th Cir. 1998), admitting that no grievance had been filed because his counselor did not give him a grievance form. This is also the only argument Jones raises on appeal relevant to the district court's reason for dismissing his complaint. He does not allege that there was no other source for obtaining a grievance form or that he made any other attempt to obtain a form or to file a grievance without a form. Under these circumstances, the dismissal without prejudice of this complaint was proper and is accordingly affirmed. Rule 34(j)(2)(C), Rules of the Sixth Circuit.

Summaries of

Jones v. Smith

United States Court of Appeals, Sixth Circuit
Sep 21, 2001
266 F.3d 399 (6th Cir. 2001)

holding that an inmate failed to exhaust administrative remedies when he did not make another attempt to obtain a grievance form after his correction counselor declined his request

Summary of this case from Smith v. Fulton Cnty. Det. Ctr.

holding that it is insufficient to claim grievance forms were denied to excuse exhaustion and that prisoner must attempt to file a grievance without a form

Summary of this case from Smith v. Fulton Cnty. Det. Ctr.

holding that an inmate failed to exhaust administrative remedies when he did not make another attempt to obtain a grievance form after his correction counselor declined his request

Summary of this case from Ratliff v. DeBaun

holding that prison counselor's implicit refusal to provide inmate with grievance form did not excuse exhaustion where the inmate "does not allege that there was no other source for obtaining a grievance form or that he made any other attempt to obtain a form or to file a grievance without a form."

Summary of this case from Robinson v. Deangelo

holding that prison counselor's implicit refusal provide inmate with grievance form did not excuse exhaustion where the inmate "does not allege that there was no other source for obtaining a grievance form or that he made any other attempt to obtain a form or to file a grievance without a form."

Summary of this case from McIntosh v. Thompson

holding that dismissal was proper because the plaintiff failed to allege that he made other attempts to obtain a form or file a grievance without a form

Summary of this case from Hall v. San Joaquin County Jail

holding that inmate had failed to exhaust his administrative remedies even though inmate argued that exhaustion was futile because "his counselor did not give him the grievance form"

Summary of this case from Willis v. Mohr

holding that a plaintiff could only be deemed to have exhausted his administrative remedies where no grievance was filed because of misconduct by prison officials if the plaintiff alleged that there was no other source for obtaining a grievance form, that he made other attempts to obtain a form, or that he attempted to file a grievance without a form

Summary of this case from Palmer v. Hessbrook

holding that dismissal was proper because the plaintiff failed to allege that he made other attempts to obtain a form or file a grievance without a form

Summary of this case from Gomez v. Swanson

holding exhaustion required even though plaintiff claimed futility

Summary of this case from Wallace v. Prison Health Care Services, Inc.

holding that district court properly dismissed prisoner plaintiff's ADA claim for failure to exhaust

Summary of this case from Gantt-El v. Smith

finding that exhaustion is required even though plaintiff claimed futility

Summary of this case from Moorehead v. Story

finding dismissal without prejudice was proper where plaintiff admitted that no grievance had been filed because his counselor did not give him a grievance form and plaintiff failed to allege "that there was no other source for obtaining a grievance form or that he made any other attempt to obtain a form or to file a grievance without a form"

Summary of this case from Boling v. Oakland County Jail

concluding that dismissal for failure to exhaust was proper because the plaintiff failed to allege that the prison official who refused to provide a grievance form was the only source of those forms or that plaintiff made other attempts to obtain a form or file a grievance without a form

Summary of this case from Rowe v. Montoya

concluding that dismissal for failure to exhaust was proper because the plaintiff failed to allege that the prison official who refused to provide a grievance form was the only source of those forms or that plaintiff made other attempts to obtain a form or file a grievance without a form

Summary of this case from Frantz v. Schriro

concluding that dismissal for failure to exhaust was proper because the plaintiff failed to allege that the prison official who refused to provide a grievance form was the only source of those forms or that plaintiff made other attempts to obtain a form or file a grievance without a form

Summary of this case from Fernandez v. Arpaio

concluding that dismissal for failure to exhaust was proper because the plaintiff failed to allege that the prison official who refused to provide a grievance form was the only source of those forms or that plaintiff made other attempts to obtain a form or file a grievance without a form

Summary of this case from Ballard v. Arpaio

concluding that dismissal for failure to exhaust was proper because the plaintiff failed to allege that the prison official who refused to provide a grievance form was the only source of those forms or that plaintiff made other attempts to obtain a form or file a grievance without a form

Summary of this case from Sharkey v. Maricopa County Board of Supervisors

concluding that dismissal for failure to exhaust was proper because the plaintiff failed to allege that the prison official who refused to provide a grievance form was the only source of those forms or that plaintiff made other attempts to obtain a form or file a grievance without a form

Summary of this case from Davis v. Arpaio

concluding that dismissal for failure to exhaust was proper because the plaintiff failed to allege that the prison official who refused to provide a grievance form was the only source of those forms or that plaintiff made other attempts to obtain a form or file a grievance without a form

Summary of this case from Adkins v. Arpaio

affirming the dismissal of a prisoner’s complaint under the ADA for failure to exhaust administrative remedies as required by the PLRA

Summary of this case from Fauconier v. Clarke

affirming dismissal of § 1983 suit because plaintiff prisoner was not vigilant enough in obtaining a grievance form after his initial request for one was denied and because the prisoner never made "any other attempt to obtain a form or to file a grievance without a form"

Summary of this case from Thomas v. Woolum

affirming dismissal of prisoners complaint under the ADA for failure to exhaust

Summary of this case from Blankumsee v. Maryland

affirming dismissal of prisoners complaint under the ADA for failure to exhaust

Summary of this case from Ervin v. Corizon Health

affirming dismissal for failure to exhaust where inmate argued "no grievance had been filed because his counselor did not give him a grievance form," but did "not allege that there was no other source for obtaining a grievance form or that he made any other attempt to obtain a form"

Summary of this case from Montgomery v. Whidbee
Case details for

Jones v. Smith

Case Details

Full title:Frank JONES, Plaintiff-Appellant, v. Tim SMITH, Correction Counselor; Dr…

Court:United States Court of Appeals, Sixth Circuit

Date published: Sep 21, 2001

Citations

266 F.3d 399 (6th Cir. 2001)

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