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 2018-05

Tracey Jenkins v. Dancha ( 2018 )


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  •                                                                NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
___________
No. 17-2251
___________
TRACEY JENKINS,
Appellant
v.
DR. DANCHA, Medical Director; MS. SCHROCK, RNS
____________________________________
On Appeal from the United States District Court
for the Western District of Pennsylvania
(D.C. Civil Action No. 3-16-cv-00160)
District Chief Magistrate Judge: Honorable Maureen P. Kelly
____________________________________
Submitted Pursuant to Third Circuit LAR 34.1(a)
May 11, 2018
Before: VANASKIE, COWEN and NYGAARD, Circuit Judges
(Opinion filed: May 14, 2018)
___________
OPINION*
___________
PER CURIAM
*
This disposition is not an opinion of the full Court and pursuant to I.O.P. 5.7 does not
constitute binding precedent.
Tracey Jenkins, proceeding pro se, appeals from the District Court’s order
granting defendants’ motions to dismiss. For the following reasons, we will affirm the
judgment of the District Court.
On July 8, 2016, Jenkins, a Pennsylvania state prisoner confined at the State
Correctional Institution at Laurel Highlands, filed a pro se civil rights action in the United
States District Court for the Western District of Pennsylvania. Jenkins alleged that
defendants violated his civil rights under the Eighth Amendment by failing to provide
appropriate medical treatment and care concerning his thyroid condition and subsequent
diagnosis of Graves’ disease. Jenkins’ complaint was dismissed due to filing
deficiencies, and was subsequently reopened on September 13, 2016. By order entered
May 24, 2017, the District Court granted defendants’ motions to dismiss, and held that
Jenkins had failed to exhaust administrative remedies prior to commencing his suit. The
District Court concluded that, while Jenkins had filed his civil right claim in the district
court in July 2016, his administrative remedies were not exhausted until November 16,
2016, when the prison’s final appeal decision was issued. Jenkins appeals.
We have jurisdiction pursuant to
    28 U.S.C. § 1291
    . We exercise plenary review
over the District Court’s dismissal for failure to exhaust administrative remedies. See
Jenkins v. Morton,
    148 F.3d 257
    , 259 (3d Cir. 1998). “[W]e accept all factual allegations
as true [and] construe the complaint in the light most favorable to the plaintiff.” Warren
Gen. Hosp. v. Amgen Inc.,
    643 F.3d 77
    , 84 (3d Cir. 2011) (quoting Pinker v. Roche
Holdings Ltd.,
    292 F.3d 361
    , 374 n.7 (3d Cir. 2002)).
2
We agree with the District Court that Jenkins failed to exhaust his administrative
remedies. The PLRA prohibits a prisoner from bringing an action objecting to his
conditions of confinement under
    42 U.S.C. § 1983
     until that prisoner has exhausted
available administrative remedies. 42 U.S.C. § 1997e(a); Woodford v. Ngo,
    548 U.S. 81
    ,
83–84 (2006). The prisoner must complete the administrative review process in
accordance with the procedural rules of the grievance or appeal system at his facility.
Jones v. Bock,
    549 U.S. 199
    , 218 (“[I]t is the prison’s requirements, and not the PLRA,
that defines the boundaries of proper exhaustion.”). A prisoner may not satisfy the
PLRA’s exhaustion requirement by exhausting administrative remedies after initiating
suit in federal court. See Johnson v. Jones,
    340 F.3d 624
    , 627-28 (8th Cir. 2003) (“If
exhaustion was not completed at the time of filing, dismissal is mandatory.”); Ahmed v.
Dragovich,
    297 F.3d 201
    , 209 (3d Cir. 2002). Although Jenkins filed his complaint on
July 8, 2016,1 the Secretary’s Office of Inmate Grievance and Appeals (“SOIGA”) did
not resolve his final appeal until November 16, 2016. Therefore, Jenkins failed to
exhaust his administrative remedies prior to commencing this suit.2
1
Jenkins argues that his complaint should be deemed filed on the day that his case was
reopened and entered on the docket, September 16, 2016, instead of the day it was
initially filed. However, as that date also precedes Jenkins’ exhaustion of his
administrative remedies, it would not affect the above analysis.
2
Jenkins asserts that SOIGA failed to comply with the Inmate Grievance System
Procedures Manual (“Manual”) by failing to respond to Jenkins’ final appeal within the
required time period, and argues that their untimely response excuses him from
completing the full grievance procedure. This argument lacks merit. Jenkins initially
filed his final appeal with the prison on June 29, 2016. He then received a letter from
SOIGA requiring him to submit additional documents, which he submitted on July 13,
3
Accordingly, we will affirm the judgment of the District Court.
2016. Pursuant to the Manual, SOIGA then had thirty days to respond. However, as
previous noted, Jenkins filed his civil rights complaint on July 8, 2016, before his final
appeal documents were submitted, and before SOIGA’s response was due.
4