MELENDEZ v. JULIAN et al
| ALEX A. MELENDEZ |
| BUREAU OF PRISONS, S. JULIAN and THOMAS R. KANE |
| 2:2017cv00202 |
| May 2, 2017 |
| US District Court for the Southern District of Indiana |
| Terre Haute Office |
| Mark J. Dinsmore |
| Larry J. McKinney |
| Prisoner Petitions - Prison Condition |
| 05 U.S.C. ยง 702 Administrative Procedure Act |
| None |
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Filing
23
Entry Granting Respondent's Motion for Summary Judgment and Directing Entry of Final Judgment - Plaintiff Alex A. Melendez, a federal inmate incarcerated in the Federal Correctional Institution Terre Haute, Indiana, brought this Administrati ve Procedure Act, 5 U.S.C. § 702, action challenging a Bureau of Prisons decision denying him placement in a halfway house, home confinement, or a residential re-entry center. Defendant asserts that Mr. Melendez did not attempt to exhaust thi s problem through available administrative grievance procedures. He seeks summary judgment against Mr. Melendez. Alex Melendez admits that he did not attempt to exhaust his available administrative remedies prior to filing this action. There are n o facts in dispute concerning this issue, and therefore the PLRA requires this action to be dismissed. Defendant's motion for summary judgment, dkt. 15 , is granted and this case is dismissed without prejudice. Final judgment shall now issue. (See Entry.) Copy to plaintiff via US Mail. Signed by Judge Jane Magnus-Stinson on 1/2/2018. (RSF)
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