Larry Hulsey v. John Belken , 57 F. App'x 281 ( 2003 )


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  •                    United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 02-2017
    ___________
    Larry D. Hulsey,                        *
    *
    Appellant,                 *
    * Appeal from the United States
    v.                                * District Court for the
    * Eastern District of Arkansas.
    John Belken, Assistant Warden,          *
    North Central Unit, Arkansas            *     [UNPUBLISHED]
    Department of Correction; Curtis        *
    Meinzer, Sgt., North Central Unit,      *
    Arkansas Department of Correction;      *
    Jason Estes, CO-I, North Central        *
    Unit, Arkansas Department of            *
    Correction; William Arnold, CO-I,       *
    North Central Unit, Arkansas            *
    Department of Correction; Arkansas      *
    Department of Correction,               *
    *
    Appellees.                 *
    ___________
    Submitted: January 22, 2003
    Filed: March 17, 2003
    ___________
    Before BOWMAN, WOLLMAN, and LOKEN, Circuit Judges.
    ___________
    PER CURIAM.
    Arkansas inmate Larry D. Hulsey brought a 
    42 U.S.C. § 1983
     action raising
    various constitutional and state-law claims arising from an alleged beating by certain
    defendants. Before entertaining defendants’ motions based on the failure to exhaust
    administrative remedies, the Magistrate Judge conducted an evidentiary hearing to
    determine whether such remedies had been available to Hulsey. After the hearing,
    the Magistrate Judge recommended dismissal, citing numerous reasons for
    discrediting Hulsey’s testimony about why he had been effectively prevented from
    complying with the prison grievance procedure. The District Court1 conducted de
    novo review and adopted the Magistrate Judge’s report in its entirety. Hulsey
    appeals.
    Having reviewed the District Court’s conclusions of law de novo and its
    findings of fact for clear error, see Choate v. Lockhart, 
    7 F.3d 1370
    , 1373 & n.1 (8th
    Cir. 1993), we affirm the dismissal, see 42 U.S.C. § 1997e(a) (2000) (stating no
    § 1983 action shall be brought by inmate with respect to prison conditions until such
    administrative remedies as are available are exhausted); United States v. Womack,
    
    191 F.3d 879
    , 885 (8th Cir. 1999) (observing that a district court’s credibility
    determination is "virtually unreviewable" on appeal (citations and internal quotation
    omitted)).
    Accordingly, we affirm the judgment of the District Court.
    1
    The Honorable George Howard, Jr., United States District Judge for the
    Eastern District of Arkansas, adopting the report and recommendations of the
    Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District
    of Arkansas.
    -2-
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -3-
    

Document Info

Docket Number: 02-2017

Citation Numbers: 57 F. App'x 281

Filed Date: 3/17/2003

Precedential Status: Non-Precedential

Modified Date: 1/12/2023