IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 01-41013 Conference Calendar

MICHAEL GLEN SCOTT,

Plaintiff-Appellant,

versus

AARON GRAHAM, Correctional Officer 2; NIKITA HOWE, Correctional Officer 4; MICHAEL J. MORGAN, Sergeant; BLAKE LAMB, Lieutenant; MITCHELL BRADSHAW, Captain,

Defendants-Appellees.

-------------------- Appeal from the United States District Court for the Eastern District of Texas USDC No. 9:01-CV-7 -------------------- October 28, 2002 Before DeMOSS, BENAVIDES, and STEWART, Circuit Judges.

PER CURIAM:*

Michael Glenn Scott (Texas prisoner # 762996) appeals the

district court’s dismissal of his civil rights complaint without

prejudice for failure to exhaust administrative remedies.

42 U.S.C. § 1997e(a). Under 42 U.S.C. § 1997e(a), a prisoner

must exhaust his administrative remedies before filing a

suit. Wendell v. Asher,

(5th Cir. 1998).

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. 01-41013 -2-

Scott did not exhaust his claim through Step 2 of the Texas

Department of Criminal Justice’s grievance system prior to filing

his civil rights complaint. Scott’s civil rights complaint was

filed prematurely, and the district court committed no error in

dismissing his suit without prejudice for failure to exhaust

administrative remedies. See Wendell,

; see

Underwood v. Wilson,

(5th Cir. 1998).

AFFIRMED.