Jones v. Fults
Opinion of the Court
ORDER
James W. Jones appeals a district court judgment that dismissed his civil rights complaint filed under 42 U.S.C. § 1983 for failure to exhaust administrative remedies pursuant to 42 U.S.C. § 1997e. This case has been referred to a panel of the court pursuant to Rule 34(j)(l), Rules of the Sixth Circuit. Upon examination, this panel unanimously agrees that oral argument is not needed. Fed. RApp. P. 34(a).
On June 28, 2000, Jones filed his complaint in the United States District Court for the Middle District of Tennessee alleging that, during his confinement in the
Upon de novo review, see White v. McGinnis, 131 F.3d 593, 595 (6th Cir. 1997), we will affirm the judgment for the reasons stated by the district court in its memorandum filed October 23, 2002. Pursuant to 42 U.S.C. § 1997e(a), a prisoner must exhaust all available administrative remedies before filing a civil rights action concerning conditions of confinement. See Porter v. Nussle, 534 U.S. 516, 532, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002); Booth v. Churner, 532 U.S. 731, 736-41, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001); Wyatt v. Leonard, 193 F.3d 876, 878-79 (6th Cir. 1999). A prisoner has the burden of demonstrating exhaustion of these remedies. See Brown v. Toombs, 139 F.3d 1102, 1104 (6th Cir. 1998). To establish exhaustion of administrative remedies prior to filing suit, a prisoner should attach any decision demonstrating the administrative disposition of his claims. See Wyatt, 193 F.3d at 878; Brown, 139 F.3d at 1104. Prisoners may not amend their complaint to establish exhaustion, but must submit documentation with their original complaint. Baxter v. Rose, 305 F.3d 486, 489 (6th Cir. 2002). Here, plaintiff did not properly establish that he exhausted administrative remedies in his original complaint.
Plaintiffs remaining claims lack merit. First, plaintiff cites no extrajudicial or other improper bias that could constitute grounds for recusal of Judge Edgar in this case. See Liteky v. United States, 510 U.S. 540, 555-56, 114 S.Ct. 1147, 127 L.Ed.2d 474 (1994). Further, this court will not consider plaintiffs claims on appeal that relate to conditions of his confinement other than the use of chains and locks on his cell door because those claims were not asserted in the district court. See White v. Anchor Motor Freight, Inc., 899 F.2d 555, 559 (6th Cir. 1990). Similarly, documents submitted by plaintiff with his brief on appeal should not be considered because they too were not presented in the district court and are not contained in the record on appeal. See Fed. R.App. P. 10(a). Finally, we note that plaintiffs claims for injunctive relief are moot in any event because plaintiff is no longer an inmate in the Warren County Jail. See Goar v. Civiletti, 688 F.2d 27, 29 (6th Cir. 1982).
For the foregoing reasons, the district court’s judgment is affirmed. See Rule 34(j)(2)(C), Rules of the Sixth Circuit.
Reference
- Full Case Name
- James W. JONES v. Vandy FULTS Jackie Matheny Jim Pickett
- Status
- Published