Grady Newingham v. David Westbrook , 140 F. App'x 634 ( 2005 )


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  •                    United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 04-3555
    ___________
    Grady Newingham,                     *
    *
    Appellant,               *
    * Appeal from the United States
    v.                             * District Court for the
    * Eastern District of Arkansas.
    David Westbrook, Sgt., Maximum       *
    Security Unit, ADC; Turoty Hayes,    *    [UNPUBLISHED]
    CO-I, Maximum Security Unit, ADC; *
    Greg Harmon, Warden, Maximum         *
    Security Unit, ADC; Kay Wade,        *
    Corporal, Maximum Security Unit,     *
    ADC,                                 *
    *
    Appellees.               *
    ___________
    Submitted: July 27, 2005
    Filed: August 9, 2005
    ___________
    Before MELLOY, MAGILL, and GRUENDER, Circuit Judges.
    ___________
    PER CURIAM.
    Arkansas inmate Grady Newingham appeals the district court’s1 dismissal of
    his 42 U.S.C. § 1983 action against various prison employees for failure to exhaust
    administrative remedies. We affirm, but modify the dismissal to be without prejudice
    and clarify that the dismissal does not count as a “strike” under 28 U.S.C. § 1915(g).
    Dismissal is merited because Newingham failed to show he exhausted his
    administrative remedies as to his claim that Defendant Arkansas Department of
    Correction Director Larry Norris failed to protect him from an assault. See
    Kozohorsky v. Harmon, 
    332 F.3d 1141
    , 1143 (8th Cir. 2003). Newingham’s
    argument on appeal that administrative remedies were unavailable to him because
    they did not provide for monetary relief is without merit. See Booth v. Churner, 
    582 U.S. 731
    , 734 (2001).
    Accordingly, we affirm.
    ______________________________
    1
    The Honorable J. Leon Holmes, United States District Judge for the Eastern
    District of Arkansas, adopting the report and recommendation of the Honorable
    Henry L. Jones, Jr., United States Magistrate Judge for the Eastern District of
    Arkansas.
    -2-
    

Document Info

Docket Number: 04-3555

Citation Numbers: 140 F. App'x 634

Filed Date: 8/9/2005

Precedential Status: Non-Precedential

Modified Date: 1/12/2023