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YOUNGBLOOD v. WILLIAMSON

United States District Court, M.D. Pennsylvania


September 28, 2005.

ENDRON R. YOUNGBLOOD, Plaintiff
v.
TROY WILLIAMSON, et al., Defendants.

The opinion of the court was delivered by: THOMAS VANASKIE, Chief Judge

ORDER

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.

20050928

© 1992-2005 VersusLaw Inc.



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