Eckenrode v. Williamson
Eckenrode v. Williamson
Opinion
IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT
No. 99-51065 Conference Calendar
WILLIAM HENRY ECKENRODE, Petitioner-Appellant, versus TROY WILLIAMSON, Warden, Respondent-Appellee.
- - - - - - - - - - Appeal from the United States District Court for the Western District of Texas USDC No. EP-99-CV-245-DB - - - - - - - - - - June 16, 2000 Before JOLLY, DAVIS, and DUHÉ, Circuit Judges.
PER CURIAM:* William Henry Eckenrode, federal prisoner # 82655-080, appeals the district court’s dismissal without prejudice of his 28 U.S.C. § 2241 petition. In his petition, Eckenrode alleges that prison officials prevented him from conferring with his attorney on three separate occasions. The district court dismissed Eckenrode’s petition for failure to exhaust administrative remedies. On appeal, Eckenrode argues that he is not subject to the Bureau of Prison’s administrative procedures.
He also has filed a motion to expedite the appeal.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 99-51065 -2- The district court did not abuse its discretion when it dismissed Eckenrode’s § 2241 petition for failure to exhaust administrative remedies. See Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). Eckenrode was aware of the administrative procedures available to him, but did not file a grievance. Moreover, he has failed to demonstrate extraordinary circumstances that would warrant bypassing the administrative procedures. See id. Accordingly, the district court’s order dismissing Eckenrode’s petition is AFFIRMED. Eckenrode’s motion to expedite the appeal is DENIED.
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