THOMAS v. MILLER

Opinion

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

MARIO M. THOMAS, D.O.C. # M68634,

Plaintiff, v. Case No.: 4:24cv162-MW/MAF

JAMES W. MILLER,

Defendant. _________________________/

ORDER ACCEPTING REPORT AND RECOMMENDATION

This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. 53, and has also reviewed de novo Plaintiff’s objections, ECF No. 54. Upon review, the record demonstrates that Plaintiff has not properly exhausted his administrative remedies with respect to the claims now before this Court. See Woodford v. Ngo, 548 U.S. 81, 93 (2006) (holding “that the PLRA exhaustion requirement requires proper exhaustion”). This Court agrees with the Magistrate Judge’s determination that Plaintiff’s grievance filed directly with the Secretary does not demonstrate that he exhausted his administrative remedies. This grievance did not give Plaintiff a final determination on the merits, and Plaintiff was advised that he could submit his grievance at the appropriate level if he was within the allowable time frames for doing so. Even though his complaint identified in the grievance was referred to the Inspector General for further review, the return of his grievance without action and with further direction to re-file at the appropriate level indicates that this grievance

was not “approved,” such that it exhausted his administrative remedies. See, e.g., Lucky v. May, Case No. 5:14cv3315-MW/GRJ, 2016 WL 1128426, at *11 n.6 (N.D. Fla. Feb. 17, 2016) (discussing Hope v. Walker, Case No.: 5:13cv362-WS/CJK,

2015 WL 5190435)). Accordingly, IT IS ORDERED: The report and recommendation, ECF No. 53, is accepted and adopted, over

the Plaintiff’s objections, as this Court’s opinion. Defendant’s motions to dismiss, ECF Nos. 37, is GRANTED. The Clerk shall enter judgment stating, “Plaintiff’s amended complaint is DISMISSED for failure to exhaust administrative remedies

pursuant to 42 U.S.C. § 1997(e).” The Clerk shall close the file. SO ORDERED on September 7, 2025. s/Mark E. Walker United States District Judge