Guajardo v. Stringfellow, et al

* 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that this opinion should not be published and is not precedent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.
United States Court of Appeals
Fifth Circuit
F I L E D
November 4, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-50351
Summary Calendar
GUADALUPE GUAJARDO, JR.,
Plaintiff-Appellant,
versus
ALFRED M. STRINGFELLOW, Chairman, Texas Department of Criminal
Justice, Institutional Division; JANIE COCKRELL, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION; JIM
MORGAN, Senior Warden; GARY L. JOHNSON, DIRECTOR, TEXAS
DEPARTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Western District of Texas
USDC No. A-02-CV-478-SS
--------------------
Before JONES, BENAVIDES, and CLEMENT, Circuit Judges.
PER CURIAM:*
Guadalupe Guajardo, Jr., Texas prisoner number 170864,
appeals from the dismissal of his 42 U.S.C. § 1983 suit for
failure to exhaust administrative remedies. Guajardo argues that
the prison grievance system is inadequate because it does not
permit challenges such as his to state-wide policies. We find no

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No. 03-50351
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error in the district court's dismissal for failure to exhaust
administrative remedies. See Porter v. Nussle, 534 U.S. 516, 532
(2002); Booth v. Churner, 532 U.S. 731, 741 n.6 (2001); 42 U.S.C.
§ 1997e(a).
Guajardo also argues that the district court erroneously
denied his motion for class action status under FED. R. CIV. P.
23. By failing to brief how the district court erred or how he
met the requirements of Rule 23, Guajardo has abandoned this
issue on appeal. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th
Cir. 1993); see also FED. R. APP. P. 28(a)(9).
Guajardo also argues that the district court erroneously
denied his request for appointment of counsel. We find no abuse
of discretion. See Ulmer v. Chancellor, 691 F.2d 209, 212-13
(5th Cir. 1982).
AFFIRMED.

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