U.S. Court of Appeals for the Eleventh Circuit, 2008

James Andre Benton v. Warden Glenn Rich

James Andre Benton v. Warden Glenn Rich
U.S. Court of Appeals for the Eleventh Circuit · Decided October 22, 2008 · Anderson, Hull, Per Curiam, Tjoflat
297 F. App'x 846

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.