Free Order - District Court of Connecticut - Connecticut

Case 3:03-cv-00406-RNC Document 9 Filed 11/26/2003 Page1 of 2
1
1
UNITED STATES DISTRICT I
DISTRICT OF CONNECTICUT J 1
21111} 1*11}% Zh A 11= 31
A JAMAL GULSTON, ;
: {Bil? “*’‘ as 3 A'>"
Plaintiff, Z 1
v. : CASE NO. 3;03Cv406 (RNC) N
DEPARTMENT OF CORRECTION, E 1
Defendant. E Q
RULING AND ORDER
Plaintiff Jamal Gulston, a Connecticut inmate, brings this \
action prg sg and in fgrma pauperis pursuant to 42 U.S.C. § 1983, I
alleging that the Department of Correction has implanted in his
body a "chip" that allows people to hear his thoughts and I
manipulate his mind. He also alleges that his housing unit is i
overcrowded and unsanitary. The action must be dismissed for g
failure to exhaust administrative remedies. 3
On August 18, 2003, the court issued an order directing Q
plaintiff to file an amended complaint providing evidence that he
has exhausted his administrative remedies as required by the
Prison Litigation Reform Act, 42 U.S.C. § 1997(e}. His amended
Complaint makes it clear that he has not exhausted his E
administrative remedies. He alleges that he is being harassed
for filing this and a previous suit and fears retaliation by Q
correctional officers. Under § 1997(e), exhaustion may be E
excused only when "the relevant administrative procedure lacks E
authority to provide any relief or to take any action whatsoever l
in response to a complaint." Booth v. Churner, 532 U.S. 731, 736
(2001). That is not the case here. Accordingly, plaintiff's
1
1
1






Case 3:03-cv-00406-RNC Document 9 Filed 11/26/2003 Page 2 of 2 1
amended complaint [Doc. # 7] is hereby dismissed without 1
prejudice for failure to exhaust administrative remedies. 1
So ordered. 1
Dated at Hartford, Connecticut this 21st day of November `
2003. p
1
/ / 1
... - Kéé 2 1
Robert N. Chatig 1
United States District Judge 1
1
1
1
1
1
1
I
I
1
1
1
1
1
1
1
1
1
1
1
1