Drummer v. Foti

No. 99-30466
-1-
* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-30466
Conference Calendar
CLIFTON DRUMMER, Jr.,
Plaintiff-Appellant,
versus
CHARLES C. FOTI, Jr., Sheriff,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Eastern District of Louisiana
USDC No. 98-CV-3691-J
--------------------
February 16, 2000
Before EMILIO M. GARZA, BENAVIDES, and DENNIS, Circuit Judges.
PER CURIAM:*
Clifton Drummer, Jr., Louisiana prisoner no. 826015, appeals
the district court’s dismissal of his 42 U.S.C. § 1983 prisoner
civil rights complaint as frivolous based upon his failure to
exhaust his prison remedies. The complaint was dismissed with
prejudice to his right to file another IFP complaint based upon
the same facts. Drummer argues that the court abused its
discretion in dismissing his complaint with prejudice and that
the court abused its discretion in dismissing the complaint
without first determining whether he had made a good faith effort

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No. 99-30466
-2-
to exhaust his administrative remedies or whether the available
remedies were “adequate, speedy, and in compliance with the
statutory minimum standards.” The district court’s decision is
AFFIRMED. See Underwood v. Wilson, 151 F.3d 292 (5th Cir. 1998),
cert. denied, 119 S. Ct. 1809 (1999).
AFFIRMED.

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