Santos v. White, 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that this opinion should not be published and is not precedent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
April 28, 2004
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 03-41517
Summary Calendar
JAMES RICHARD SANTOS,
Plaintiff-Appellant,
versus
MIKE WHITE, Sheriff; RALPH OSBORNE, Jail Administrator,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:00-CV-38
--------------------
Before SMITH, DeMOSS, and STEWART, Circuit Judges.
PER CURIAM:*
James Richard Santos, Texas prisoner #923141, appeals the
district court’s dismissal without prejudice of his 42 U.S.C.
§ 1983 civil rights complaint for failure to exhaust
administrative remedies. “No action shall be brought with
respect to prison conditions under section 1983 . . . by a
prisoner confined in any jail, prison, or other correctional
facility until such administrative remedies as are available are

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No. 03-41517
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exhausted.” 42 U.S.C. § 1997e(a). This court reviews de novo
the dismissal of an inmate’s 42 U.S.C. § 1983 suit for failure to
exhaust administrative remedies. Richardson v. Spurlock, 260
F.3d 495, 499 (5th Cir. 2001).
Santos admits that he “did nothing as far as a[n] appeal”
before he filed the instant complaint. Santos alleges that he
could not exhaust his administrative remedies because he feared
for his life. Santos, however, admitted that he informed the
disciplinary committee of the allegations giving rise to this
suit, refuting his claim of fear. Santos has not shown that the
district court erred in its ruling. Thus, judgment of the
district court is AFFIRMED.

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