RAMSEY v. WINGO (2019)

[Unpublished]

Federal inmate William Ramsey appeals the district court’s ¹ grant of summary judgment dismissing his Bivens claim against Michelle Wingo, a physician assistant at the Federal Correction Center in Forrest City, Arkansas. Upon de novo review, we agree that Ramsey failed to exhaust his administrative remedies before bringing suit, as 42 U.S.C. § 1997e(a) requires. See Porter v. Sturm, 781 F.3d 448, 451 (8th Cir. 2015) (standard of review). We further agree that the grievance process was not unavailable to Ramsey, and he offered no admissible evidence showing that prison officials prevented him from appealing. See id. at 452; 28 C.F.R. § 542.18.

The judgment of the district court is affirmed. See 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable D.P. Marshall Jr., Chief Judge of the United States District Court for the Eastern District of Arkansas, adopting the findings and recommendations of the Honorable Joe J. Volpe, United States Magistrate Judge for the Eastern District of Arkansas.

PER CURIAM.