James Andre Benton v. Warden Glenn Rich

U.S. Court of Appeals for the Eleventh Circuit
James Andre Benton v. Warden Glenn Rich, 297 F. App'x 846 (11th Cir. 2008)
Anderson, Hull, Per Curiam, Tjoflat

James Andre Benton v. Warden Glenn Rich

Opinion

PER CURIAM:

Plaintiff is an inmate in a Georgia prison. He brought this suit under 42 U.S.C. § 1988 alleging that certain conditions of his confinement are cruel and unusual in violation of the Eighth and Fourteenth Amendments. The district court, adopting the report and recommendation of the magistrate judge as the opinion of the court, dismissed his complaint without prejudice because he failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act before instituting this lawsuit. He now appeals.

We agree with the district court that plaintiff failed to exhaust his administrative remedies and is therefore precluded from maintaining this action.

AFFIRMED.

Reference

Full Case Name
James Andre BENTON, Plaintiff-Appellant, v. Warden Glenn RICH, Deputy Warden R.D. Collins, Sergeant Potter, Sergeant Hobby, Officer Osborn, Defendants-Appellees
Status
Unpublished