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17-202 - MELENDEZ v. JULIAN et al


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17-202 - MELENDEZ v. JULIAN et al
January 2, 2018
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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 Administrative Procedure Act, 5 U.S.C. ยง 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 this 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 no 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)