Jacque Miller v. Patti Wachtendorf

• Court: Court of Appeals for the Eighth Circuit
• Decided: May 27, 2020
• Docket: 20-1021
• Status: Unpublished

Opinion

United States Court of Appeals For the Eighth Circuit ___________________________

No. 20-1021 ___________________________

Jacque Louis Miller

lllllllllllllllllllllPlaintiff - Appellant

v.

Patti Wachtendorf; Kristine Wietzell; Frank Filippelli; Rhonda Lanser; Donna Cook; Tasha Whalen; Dennis Miller

lllllllllllllllllllllDefendants - Appellees

Iowa State Penitentiary; Newton Correctional Facility; Iowa State Penitentiary Health Services Department; Newton Correctional Facility Health Services Department

lllllllllllllllllllllDefendants ____________

Appeal from United States District Court for the Southern District of Iowa - Des Moines ____________

Submitted: May 21, 2020 Filed: May 27, 2020 [Unpublished] ____________

Before KELLY, WOLLMAN, and STRAS, Circuit Judges. ____________

PER CURIAM. In this 42 U.S.C. § 1983 action, Iowa inmate Jacque Louis Miller appeals the district court’s1 adverse grant of summary judgment based on his failure to exhaust administrative remedies. See Faulkner v. Douglas Cty. Neb., 906 F.3d 728, 732 (8th Cir. 2018) (reviewing de novo grant of summary judgment); King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (8th Circ. 2010) (reviewing de novo dismissal for failure to exhaust administrative remedies). We agree with the district court that Miller did not adequately counter defendants’ evidence showing that he did not exhaust available administrative remedies before filing suit; and thus that dismissal was required. See Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (dismissal is mandatory if exhaustion was not completed at time of filing). The judgment is affirmed. See 8th Cir. R. 47B. ______________________________

1 The Honorable Stephanie M. Rose, United States District Court Judge for the Southern District of Iowa.

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