Stockton v. Page

United States District Court for the Eastern District of Arkansas

Stockton v. Page

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION JOSHUA M. STOCKTON ADC #169885 PLAINITFF V. NO. 4:23-cv-00007-JM JOE PAGE DEFENDANT ORDER The Court has received a Recommendation from Magistrate Judge Edie R. Ervin. After careful review of the Recommendation, Mr. Stockton’s timely objections, as well as a de novo review of the record, the Court concludes that the Recommendation should be, and hereby is, approved and adopted as this Court’s findings in all respects. Because Stockton did not exhaust all administrative remedies before filing suit, dismissal is mandatory.! Mr. Stockton’s claims are DISMISSED, without prejudice, based on his failure to fully exhaust his administrative remedies. IT IS SO ORDERED, this 9" day of February, 2023. a nf | DISTRICT JUDGE

42 U.S.C. § 1997e(a) (declaring, “[n]o action shall be brought with respect to prison conditions . . . by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted”); Johnson v. Jones,

340 F.3d 624

, 627 (8th Cir. 2003) (holding an inmate must exhaust all available administrative remedies before filing suit, and “Ti]f exhaustion was not completed at the time of filing, dismissal is mandatory’). Thus, the PLRA required Mr. Stockton to satisfy the ADC’s requirements for raising and administratively exhausting his unconstitutional conditions of confinement claim against Warden Page before bringing this action.

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