Elijah Garrison v. Jason Swallows

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TENNESSEE AT KNOXVILLE

ELIJAH GARRISON, ) ) Plaintiff, ) ) ) v. ) No. 3:24-CV-385-TAV-JEM ) JASON SWALLOWS, ) ) Defendant. )

O R D E R This case is before the Court pursuant to 28 U.S.C. § 636, the Rules of this Court, and the Order [Doc. 58] referring the matter by United States District Judge Thomas A. Varlan.

Now before the Court is Defendant’s Motion for Evidentiary Hearing on Exhaustion [Doc. 41]. Defendant requests this Court set an evidentiary hearing to determine whether Plaintiff properly exhausted the Tennessee Department of Correction (“TDOC”) grievance process in accordance with the Prison Litigation Reform Act (“PLRA”) [Id. at 1]. Defendant states the PLRA requires the Court to determine whether an inmate exhausted his administrative remedies before bringing an action before the Court [Id.]. In response, Plaintiff asks that the Court deny Defendant’s request for a hearing, stating he has submitted evidence showing that he met the requirements to exhaust his administrative remedies by filing a grievance with the prison [Doc. 47 pp. 2–3].

On January 27, 2026, the Court ordered the parties to file supplemental briefs on whether the exhaustion issue is intertwined with the merits of Plaintiff’s claim in light of the Supreme Court’s guidance in Perttu v. Richards, 605 U.S. 460 (2025) [Doc. 59]. The parties filed their briefs accordingly [Docs. 60 and 61].

At this time, it appears to the Court that the exhaustion issue is not intertwined with the merits of Plaintiffs claim such that an evidentiary hearing may be appropriate. The Court therefore GRANTS Defendant’s Motion for Evidentiary Hearing [Doc. 41]. During the hearing, however, the Court will entertain further argument on whether the exhaustion issue is intertwined with the merits of Plaintiff's claim, but the parties SHALL be prepared to present evidence on whether Plaintiff properly exhausted the TDOC grievance process in accordance with the PLRA. The Court will set the hearing by separate order.

IT IS SO ORDERED.

ENTER: LE. McCook a United States Magistrate Judge