United States District Court, M.D. Pennsylvania
September 28, 2005.
ENDRON R. YOUNGBLOOD, Plaintiff
TROY WILLIAMSON, et al., Defendants.
The opinion of the court was delivered by: THOMAS VANASKIE, Chief Judge
NOW, THIS 28th DAY OF SEPTEMBER, 2005, Defendants having
shown by motion and accompanying documents that the incarcerated
pro se Plaintiff has not pursued any administrative remedies or
an administrative tort claim with respect to the alleged
inadequate medical care and deliberate indifference to serious
medical needs claims presented in the above-captioned matter; and
Plaintiff having failed to dispute Defendants' factual showing
on the question of exhaustion of administrative remedies, despite
having adequate time to do so;*fn1 and concluding that exhaustion of administrative remedies is a
prerequisite to bringing an Eighth Amendment deliberate
indifference claim, see 42 U.S.C. § 1997e; Booth v. Churner,
532 U.S. 731, 739 (2001), as well as a negligence claim against
the United States under the Federal Torts Claim Act, see
28 U.S.C. § 2675(a);
IT IS HEREBY ORDERED THAT:
1. Plaintiff's Motion for Appointment of Counsel (Dkt. Entry
19) is DENIED.
2. Defendants' Motion to Dismiss for failure to exhaust
administrative remedies (Dkt. Entry 21) is GRANTED.
3. This action is DISMISSED, WITHOUT PREJUDICE.
4. Any appeal from this Order shall be deemed frivolous,
lacking in probable cause and not taken in good faith.
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