Salisbury v. McLaurin ( 2002 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-60320
Summary Calendar
MARK L. SALISBURY,
Plaintiff-Appellant,
versus
PHILIP MCLAURIN, In official capacity as Deputy Warden;
INMATE ACCOUNTS SUPERVISOR, One unknown named Inmate Accounts
Supervisor, in official capacity as Inmate Accounts Supervisor;
DON GRANT, Warden; KIM WILLIAMS, in individual capacity; J. A.
BANKS, in individual capacity; L. POLK, in individual capacity;
MRS. COOPER; DWAYNE TAYLOR; ROBERT L. JOHNSON; WALTER BOOKER,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:99-CV-242-B-D
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April 25, 2002
Before JONES, SMITH and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Mark Salisbury, Mississippi prisoner # 67386, appeals the
district court’s dismissal of his 42 U.S.C. § 1983 complaint
without prejudice for failure to exhaust prison administrative
remedies under 42 U.S.C. § 1997e. He argues that he did not intend
to include as a party to his action the person who filed the motion
to dismiss for failure to exhaust and that the magistrate judge at
*
Pursuant to 5TH CIR. R. 47.5, the court has determined
that this opinion should not be published and is not precedent
except under the limited circumstances set forth in 5TH CIR.
R. 47.5.4.
No. 01-60320
-2-
the Spears v. McCotter, 766 F.2d 179 (5th Cir. 1985), hearing had
excused Salisbury’s failure to exhaust.
The record does not support Salisbury’s contention that
the magistrate judge excused the exhaustion requirement in
Salisbury’s case. The district court’s dismissal of Salisbury’s
complaint without prejudice for failure to exhaust was not error.
See 42 U.S.C. § 1997e(a); Wendall v. Asher, 162 F.3d 887, 889-90
(5th Cir. 1998).
AFFIRMED.