Carter v. E Baton Rouge Parish, 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that this opinion should not be published and is not precedent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
July 28, 2003
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-30373
Summary Calendar
JESSIE T. CARTER,
Plaintiff-Appellant,
versus
EAST BATON ROUGE PARISH PRISON;
UNKNOWN MOORE, Deputy;
UNKNOWN ELGINFRISK, Deputy,
Defendants-Appellees.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 02-CV-1021-D
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Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Jessie T. Carter, Louisiana state prisoner # 333544, appeals
the district court’s dismissal without prejudice of his 42 U.S.C.
§ 1983 complaint for failure to exhaust his prison administrative
remedies. Carter argues that he attempted to exhaust his prison
remedies in the East Baton Rough Parish Prison system, but
received no response.

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No. 03-30373
-2-
The exhaustion requirement applies to all inmate suits
regardless of the forms of relief sought or the remedies offered
by the administrative procedures. See Booth v. Churner, 532 U.S.
731, 739 (2001). Carter was therefore required to exhaust his
administrative remedies. Clifford v. Gibbs, 298 F.3d 328, 332
(5th Cir. 2002).
Although defenses may be available to the exhaustion
requirement, Carter has failed to assert any valid basis for the
assertion of a defense. See Days v. Johnson, 322 F.3d 863, 866
(5th Cir. 2003). The judgment of the district court is AFFIRMED.
Carter’s motion for the appointment of counsel is DENIED. See
Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir. 1982).

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