U.S. Court of Appeals for the Fifth Circuit, 2000

Truman v. William

Truman v. William
U.S. Court of Appeals for the Fifth Circuit · Decided June 13, 2000

Truman v. William

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 99-20779 Conference Calendar

MICHAEL ANTHONY TRUMAN, Plaintiff-Appellant, versus WILLIAM W. HARLEY, JR., Lieutenant; ROBERT A. WILLIAM, Correctional Officer III, Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. H-97-CV-723 -------------------- June 13, 2000 Before JOLLY, DAVIS, and STEWART, Circuit Judges.

PER CURIAM:* Michael Anthony Truman, Texas prisoner No. 633400, appeals the district court’s dismissal of his civil rights complaint for failure to exhaust administrative remedies as required by 42 U.S.C. § 1997e(a). Truman does not dispute that he failed to exhaust his prison administrative remedies before filing suit, but he contends that exhaustion was not required because his complaint sought monetary damages only. It is obvious from the record that Truman was required to exhaust his administrative

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-20779 -2- remedies prior to filing suit because he sought both injunctive and monetary relief in his administrative filings and his district court complaint. Wright v. Hollingsworth, 201 F.3d 663, 665 (5th Cir. 2000); Underwood v. Wilson, 151 F.3d 292, 292-93 (5th Cir. 1998), cert. denied, 526 U.S. 1133 (1999). The district court was not required to inquire into the adequacy of the available administrative remedies prior to dismissing the complaint for failure to exhaust. See § 1997e; Underwood, 151 F.3d at 294. We reject Truman’s argument that the § 1997e exhaustion requirement does not apply to complaints alleging excessive force. Wendell v. Asher, 162 F.3d 887, 888, 890-91 (5th Cir. 1998).

AFFIRMED.

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