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Williams v. Walker

May 10, 2006

JOHNNY HOWARD WILLIAMS, PLAINTIFF,
v.
ROGER WALKER ET AL., DEFENDANT.



The opinion of the court was delivered by: Herndon, District Judge

ORDER

Before the Court is Defendants' motion to strike the amended complaint (Doc. 27) filed by Plaintiff Johnny Howard Williams ("Plaintiff"). (Doc. 28.) On February 21, 2006, the Court adopted a Report and Recommendation issued by Magistrate Judge Clifford J. Proud (Doc. 26) and dismissed Plaintiff's action without prejudice. (Doc. 26.) One month later, on March 21, 2006, Plaintiff filed an amended complaint against all Defendants. (Doc. 27.) Defendants then moved to strike.

The relevant statute, 42 U.S.C. § 1997e(a) states as follows: "No action shall be brought with respect to prison conditions under [section 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted." Under this language, and as the Seventh Circuit has suggested, in order to effectively pursue his claim, Plaintiff will need to file a new action, not a new complaint in an already- existing suit. See Ford v. Johnson, 362 F.3d 395, 401 (7th Cir. 2004). Accordingly, the Court GRANTS Defendant's motion (Doc. 28) and STRIKES Plaintiff's amended complaint (Doc. 27).

IT IS SO ORDERED.

Signed this 10th day of May, 2006.

David R Herndon United States District Judge

20060510

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