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West Virginia Legislative Claims Commission

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued May 23, 2014
JACKIE MARTIN
VS.
DIVISION OF CORRECTIONS
(CC-10-0188)
     Claimant appeared pro se.
     Cynthia R. M. Gardner, Assistant Attorney General, for Respondent.
     PER CURIAM:
      Claimant, Jackie Martin, an inmate at Huttonsville Correctional Center at the time of the incident, brought this claim to recover the value of certain items of personal property that he alleges were converted by Respondent.
      The Claimant testified at the hearing of this matter that between November and December 2009, he went to work and when he returned he realized that his locker was open and his personal belongings were missing. Claimant stated that he had numerous CDs valued at $34.44 in the locker. Claimant admitted to the Court that he did not follow the grievance procedure provided for by the facility. Also, Claimant offers no evidence for his contention that Respondent is liable.
      Claimant failed to exhaust his administrative remedies by following the grievance procedure provided by the Respondent. Therefore, the Court cannot make a recommendation in this Claim. The Court does not reach the merits of Claimant’s claim. Accordingly, the Court is of the opinion to, and does hereby, deny Claimant’s claim.
      Claim disallowed.
Summary:
     


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