Baylor v. Polavapu

Case: 22-40153 Document: 00516677221 Page: 1 Date Filed: 03/15/2023

United States Court of Appeals for the Fifth Circuit United States Court of Appeals

Fifth Circuit FILED

No. 22-40153 March 15, 2023

Summary Calendar

Lyle W. Cayce

Clerk Troy D. Baylor,

Plaintiff—Appellant, versus

Sreedhar Polavapu, M.D.,

Defendant—Appellee.

Appeal from the United States District Court for the Eastern District of Texas USDC No. 1:18-CV-594

Before Jones, Stewart, and Haynes, Circuit Judges.

Per Curiam:*

During his confinement at the Federal Correctional Complex in Beaumont, Texas, Troy Baylor claims that he was assaulted by another inmate. He was taken to a local medical provider to treat his injuries. The doctor who treated Baylor set a follow-up appointment for four weeks later.

Case: 22-40153 Document: 00516677221 Page: 2 Date Filed: 03/15/2023

No. 22-40153

Baylor claims that the defendant, a doctor whose employer contracted with the prison, was responsible for transporting Baylor to the follow-up appointment yet failed to do so. He brought this pro se lawsuit against the defendant under the Federal Tort Claims Act (FTCA).

The district court adopted the magistrate judge’s report and recommendation, which found that Baylor failed to exhaust his administrative remedies as required by the Section 1997e of the Civil Rights of Institutionalized Persons Act (CRIPA). On appeal, Baylor raises a single issue: that he exhausted his remedies because he filed a Federal Tort Claim form, which was reviewed and denied by prison administrators. This is wrong. The process for filing a claim under FTCA is separate from the exhaustion requirements of CRIPA. For the reasons given in the report and recommendation, Baylor has failed to exhaust under CRIPA.

AFFIRMED.