Marc Moore v. City of Sedalia etc.

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 01-2119
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Curtis D. Glinsey, *
*
Appellant, *
*
v. *
*
Marvin Morrison, Warden, FCI- * Appeal from the United States
Forrest City; Jill Dubbie-Gilley, * District Court for the Eastern
Unit Manager, FCI-Forrest City; * District of Arkansas.
Leslie Wood, Case Manager, FCI- *
Forrest City; Robert E. Lee, Unit * [UNPUBLISHED]
Counselor, FCI-Forrest City; Mark *
Gibson, Unit Officer, FCI-Forrest *
City, *
*
Appellees. *
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Submitted: October 23, 2001
Filed: October 26, 2001
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Before HANSEN, FAGG, and BEAM , Circuit Judges.
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PER CURIAM.
Federal inmate Curtis D. Glinsey appeals the district court's adverse grant of
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 (1971). The

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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 Glinsey'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.
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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