Lum v. Bolanos

Background

Devin Lum, an inmate at the San Mateo County Jail, filed a civil-rights complaint under 42 U.S.C. § 1983 against Carlos G. Bolanos and other defendants. Lum was proceeding without a lawyer. The court stated that it granted him permission to proceed without prepaying filing fees in a separate order.

Screening and exhaustion requirement

Because Lum is a prisoner seeking relief from governmental defendants, the court conducted the preliminary screening required by 28 U.S.C. § 1915A. The court explained that the Prison Litigation Reform Act requires a prisoner to exhaust available administrative remedies before bringing an action about prison conditions under § 1983 or another federal law. Exhaustion generally means completing the available institutional grievance process.

Lum indicated on the face of his complaint that he had not exhausted his administrative remedies. The court therefore concluded that the case could be dismissed at the screening stage. Lum said that “irreparable harm and danger” was the reason he had not exhausted the process. The court held that exhaustion is mandatory, that it could not create a special exception based on that reason, and that the concerns described by Lum could be addressed through an administrative appeal.

Ruling

The court dismissed the case for failure to exhaust administrative remedies. The dismissal was without prejudice to Lum filing his claims in a new action after satisfying the exhaustion requirement. Judge Jeffrey S. White also directed the clerk to enter judgment and close the file.