Bradford v. Javate

Background

Raymond Alford Bradford, a state prisoner proceeding without a lawyer, brought a civil-rights action under 42 U.S.C. § 1983. He alleged that several medical officials at his prison failed to properly treat rectal pain and bleeding. Bradford sought permission to proceed without paying filing fees and filed two motions seeking a preliminary injunction or temporary restraining order.

The court had ordered Bradford to explain why the case should not be dismissed because he had not exhausted available prison grievance procedures. Bradford sought to be excused from exhaustion.

Exhaustion Requirement

The Prison Litigation Reform Act requires a prisoner to exhaust available administrative remedies before bringing an action about prison conditions under § 1983. The court stated that exhaustion is mandatory and that courts may not create special exceptions to excuse it. The court also stated that later exhaustion does not cure a failure to exhaust that existed when the lawsuit was filed.

Because Bradford had not exhausted his claims before filing and the court could not excuse that failure, the court dismissed the action without prejudice. The court stated that Bradford could file a new complaint after exhausting his claims. It also stated that, even if prison officials interfered with his appeals, he still had to attempt to fully use the prison grievance process.

Motions for Injunctive Relief

A preliminary injunction is a court order issued before final judgment. A temporary restraining order is intended to preserve the existing situation and prevent irreparable harm until a preliminary-injunction hearing. The court applied the requirement that a plaintiff show a likelihood of success, likely and immediate irreparable harm, favorable balancing of the equities, and consistency with the public interest.

Bradford’s first motion concerned the processing of his inmate appeals. The court found that he had not provided enough evidence that prison officials interfered with those appeals. It also found that he had not shown that any named defendant was responsible for processing inmate appeals or could provide the requested relief. The court denied that motion, Docket No. 11.

Bradford’s second motion sought a transfer from the central valley to a medical facility because of Valley Fever and risks from the Coronavirus. The court noted that Bradford was housed in Soledad, California, rather than the central valley. It also found that he had not identified a defendant with authority to transfer him and that the motion concerned allegations different from those in the complaint, which involved rectal pain and bleeding. The court denied that motion, Docket No. 10.

Disposition

The court dismissed the action without prejudice. It denied Bradford’s motion to proceed without paying filing fees, Docket No. 7, because it was incomplete. It denied both motions for a preliminary injunction. The order was signed by United States District Judge Phyllis J. Hamilton.