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Adamson v. Correctional Medical Services6/14/2000
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(ii) Of the administrative disposition of the complaint or grievance; and
(iii) That the prisoner has appealed the administrative disposition to the appropriate authority, including proof of judicial review, if available.
(3) On receipt of a prisoner's initial complaint that does not have attached to it proof that the prisoner has fully exhausted the administrative remedies available, the court shall dismiss the case without prejudice and grant the prisoner reasonable leave to amend the complaint and to provide the proof necessary to demonstrate that the prisoner has fully exhausted the administrative remedies.
(c) Dismissal. -- A court shall dismiss a civil action if the prisoner filing the action has not completely exhausted the administrative remedies. (Emphasis added).
When a civil action is filed with a court, PLA § 5-1004 mandates that the court conduct a review of the initial complaint. It states:
(a) Review of complaint. -- prior to service of process of the prisoner's civil action, the court shall review the prisoner's initial complaint and identify any cognizable claims.
(b) Grounds for dismissal. -- After reviewing the prisoner's complaint, the court may dismiss the civil action, or any portion thereof, with or without prejudice, if it finds that the civil action:
(1) is frivolous, malicious, or fails to state a claim for which relief can be granted;
(2) Seeks monetary damages from a defendant who is immune from such relief; or
(3) is barred under § 5-1003(a) of this subtitle.
(c) Proof of exhaustion of remedies. -- An order of dismissal under subsection (b)(1) or (2) of this section may be issued without first requiring proof of exhaustion.
PLA § 5-1005 further provides the court with the power to dispose of frivolous actions and impose restrictions on prisoners that file them. In addition to exhausting all administrative remedies, the PLA requires prisoners to pay for court costs. Aligned with this requirement is a provision for judicial discretion to waive or reduce the court costs imposed should the court consider the prisoner's grievance merits such a reduction or waiver. The PLA reinforces the CSA's regulatory scheme for the IGO as the primary, but not exclusive, administrative remedy for covered inmate grievances or complaints and the need for invocation and exhaustion of that process. Of additional note, however, PLA § 5-1003(a)(3) directs limited exclusivity for the judicial review of an unfavorable disposition of an aggrieved inmate's covered grievance or complaint. Thus, an inmate, having exhausted the administrative remedy, generally may invoke the jurisdiction of the courts in aid of his or her cause solely through the judicial review authorized by CSA § 10-210 (b) and (c), unless the administrative process resulted in a determination of merit in the complaint or grievance and monetary damages were not available through the administrative process.
B.
In addition to the procedures fashioned by integration of the PLA and CSA, the legislative history of the PLA further illustrates the regulatory scheme intended by the General Assembly. In enacting the PLA, the legislature essentially was reacting to federal legislation that similarly sought to inhibit the ability of prisoners to file lawsuits in the federal court system without first attempting to resolve their grievances through available administrative procedures. In 1996, Congress enacted the Prison Litigation Reform Act (PLRA), Pub. L. 104-134, Act of April 26, 1996. Congress recognized that:
Prisoners file civil rights actions prima
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