Patrick Smith v. Robert Roe

PER CURIAM: *

Plaintiff-Appellant Patrick Bernard Smith appeals the dismissal of his complaint for failure to exhaust administrative remedies. We REVERSE.

I

On April 3, 2009, Smith, a prisoner, filed the instant civil rights action pro se in the Southern District of Texas, asserting that prison officials inappropriately treated his left knee injury, which was caused by an accident on the uneven surfaces of a prison recreation yard during a basketball game in 2007. On September 23, 2009, Smith was permitted to file a second amended complaint, which detailed that his knee condition was exacerbated…