Curtis D. Glinsey v. Marvin Morrison

U.S. Court of Appeals for the Eighth Circuit
Curtis D. Glinsey v. Marvin Morrison, 21 F. App'x 527 (8th Cir. 2001)

Curtis D. Glinsey v. Marvin Morrison

Opinion

PER CURIAM.

Federal inmate Curtis D. Glinsey appeals the district court’s adverse grant of *528 summary judgment in Glinsey’s action against prison employees under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The district court dismissed the action under 42 U.S.C. § 1997e(a) after Glinsey was unable to rebut the employees’ showing of his failure to exhaust administrative remedies. Glinsey contends the court abused its discretion in failing earlier to screen his complaint under 28 U.S.C. § 1915A to determine whether he had exhausted his administrative remedies. Glinsey seeks, among other things, a refund of his filing fee. On careful review of the record, and based on the plain language of the statutes at issue, we affirm the district court’s dismissal and reject Glinse/s arguments. Nevertheless, we modify the dismissal to be without prejudice to Glinsey’s right to refile his complaint after he exhausts his administrative remedies. See 8th Cir. R. 47B.

Reference

Full Case Name
Curtis D. GLINSEY, Appellant, v. Marvin MORRISON, Warden, FCI-Forrest City; Jill Dubbie-Gilley, Unit Manager, FCI-Forrest City; Leslie Wood, Case Manager, FCI-Forrest City; Robert E. Lee, Unit Counselor, FCI-Forrest City; Mark Gibson, Unit Officer, FCI-Forrest City, Appellees
Status
Unpublished