Martinez v. Aycock-West

OPINION AND ORDER

KENNETH M. KARAS, District Judge

Plaintiff Juan Martinez (“Plaintiff’), proceeding pro se, brings this Action against Defendant Correction Officer Aycock-West (“Defendant”) under 42 U.S.C. § 1983, alleging that Defendant exhibited deliberate indifference to Plaintiffs serious medical need. Defendant moves under Rule 12(b)(6) of the Federal Rules of Civil Procedure to dismiss Plaintiffs Complaint for failure to exhaust his administrative remedies pursuant to the Prison Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(a), and for failure to state a claim. For the following…