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Bivens Claim Failure to Exhaust Administrative Remedies Availability of Grievance Process

Staff Report//January 3, 2020//

Bivens Claim Failure to Exhaust Administrative Remedies Availability of Grievance Process

Staff Report//January 3, 2020//

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Plaintiff, a federal inmate, appealed from the summary judgment dismissal of his Bivens claim against defendant, a physician assistant at plaintiff’s federal correction center.

Where plaintiff had failed to exhaust his administrative remedies where he could not show the unavailability of a grievance process or that prison officials prevented him from appealing his claim, the district court correctly dismissed plaintiff’s claim.

Judgment is affirmed.

Ramsey v. Wingo (MLW No. 74364/Case No. 19-1808 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per curiam) Appealed from U.S. District Court, Eastern District of Arkansas, Marshall, J.

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