U.S. Court of Appeals for the Eighth Circuit, 2002

David Evans v. Larry Norris

David Evans v. Larry Norris
U.S. Court of Appeals for the Eighth Circuit · Decided November 1, 2002 · Wollman, Arnold, Melloy
49 F. App'x 665

David Evans v. Larry Norris

Opinion

PER CURIAM.

Arkansas inmate David Ray Evans appeals the district court’s 1 pre-service dismissal of his 42 U.S.C. § 1983 lawsuit without prejudice. Having carefully reviewed the record, we conclude dismissal *666 was proper because Mr. Evans failed to exhaust available prison grievance remedies as to all of his claims. See Graves v. Norris, 218 F.3d 884, 885 (8th Cir. 2000) (per curiam). While he exhausted a general claim related to tobacco and secondhand-smoke exposure in the prison, he did not pursue the grievance procedure as to more specific claims asserted in the complaint against some of the defendants. Accordingly, we affirm the judgment. See 8th Cir. R. 47A(a).

1

. The Honorable William R. Wilson, Jr., United States District Court for the Eastern District of Arkansas.

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