United States District Court, S.D. Georgia, Dublin Division
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
BRIAN K. EPPS, Magistrate Judge.
Plaintiff, an inmate incarcerated at Autry State Prison in Pelham, Georgia, commenced the above-captioned case pursuant to 42 U.S.C. § 1983 concerning events that occurred at Wheeler Correctional Facility ("WCF") in Alamo, Georgia. Because he is proceeding in forma pauperis, Plaintiff's amended complaint must be screened to protect potential defendants. Phillips v. Mashburn, 746 F.2d 782, 785 (11th Cir. 1984); Al-Amin v. Donald, 165 F.Appx. 733, 736 (11th Cir. 2006).
I. SCREENING OF THE AMENDED COMPLAINT
Plaintiff names the following Defendants: (1) Jason Medlin, Warden at WCF; (2) Mike Quinn, Warden of Care and Treatment at WCF; (3) Mrs. Hamilton, Unit Manager at WCF; and (4) Melody Turner, CEO of Corrections Corporation of America. (See doc. no. 1, pp. 1, 4.) Taking all of Plaintiff's factual allegations as true, as the Court must for purposes of the present screening, the facts are as follows.
On July 23, 2014, Plaintiff was assigned to a top bunk in lockdown unit 400-C despite his medical profile for a bottom bunk assignment due to back and neck injuries. (Id. at 5.) Plaintiff also has a medical profile to not lift over twenty pounds from these same injuries. (Id.) For four straight days, he showed his medical profile to Defendant Hamilton and requested she move him to a bottom bunk, but she refused. (Id.) She continued to "not honor" Plaintiff's medical profile for two weeks. (Id.)
On August 10, 2014, Plaintiff showed Defendant Quinn his medical profile and told him he was forced to sleep on the floor because he was not able to climb up to his assigned bunk. (Id.) Defendant Quinn told Plaintiff he would look into it. (Id.) When Plaintiff did not hear back for a few days, he wrote two letters to Defendant Quinn. (Id.) Plaintiff never received a response. (Id.)
On August 20, 2014, Plaintiff explained the situation to Defendant Medlin and showed him his medical profile. (Id.) Defendant Medlin told Plaintiff he "did not have time to worry about medical profiles" and directed Plaintiff to resolve the issue with the unit manager, Defendant Hamilton. (Id.) Plaintiff directed his issue to Defendant Hamilton on August 25, 2014, but she still refused to move him. (Id.)
Sometime in August, Defendant Turner visited WCF. (Id. at 6.) Plaintiff explained the situation to Defendant Turner and showed her his medical profile when she was making rounds. (Id.) Defendant Turner, like Defendant Medlin, directed Plaintiff to resolve the issue with the unit manager. (Id.)
On August 27, 2014, Plaintiff filed an emergency grievance. (Id. at 5.) On September 2, 2014, the grievance was deemed non-emergency and Plaintiff was told he would be moved. (Id. at 6.) Although Plaintiff states he was never moved, he then says he was moved eight days later on September 10, 2014 and assigned a bottom bunk in the segregation unit, even though he had not committed a disciplinary infraction. (Id.)
In the interim, Plaintiff slept on the floor for forty-six days, which exacerbated his neck pain. (Id.) Due to this increased neck pain, he has received painkillers and the doctor has reduced his medical profile to not lift over ten pounds. (Id.)
As to the prison grievance procedure, Plaintiff filed a formal grievance after his emergency grievance was deemed non-emergency but did not appeal the formal grievance to the highest level possible in the administrative procedure because he was never given a response to his formal grievance. (Id. at 3-4.) Plaintiff seeks damages for his pain and suffering, demotion of Defendant Hamilton, termination of Defendants Medlin and Quinn from their jobs, and letters of apology from all Defendants. (Id. at 7.)
Plaintiff's amended complaint should be dismissed because of his failure to exhaust administrative remedies. Section 1997e(a) of the Prison Litigation Reform Act ("PLRA") provides that "[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison or other correctional facility until such administrative remedies as are available are exhausted." 42 U.S.C. § 1997e(a). Dismissal for failure to state a claim is appropriate if it is clear from the face of a complaint that the plaintiff failed to exhaust administrative remedies. See Jones v. Bock, 549 U.S. 199, 215 (2007); Solliday v. Federal Officers, 413 F.Appx. 206, 208 (11th Cir. 2011); Anderson v. Donald, 261 F.Appx. 254, 256 (11th Cir. 2008); Clark v. Georgia Bd. of Pardons and Paroles, 915 F.2d 636, 640-41 (11th Cir. 1990). The PLRA's mandatory exhaustion requirement "applies to all prisoners seeking redress for prison circumstances or occurrences." Porter v. Nussle, 534 U.S. 516, 520 ...