Texte intégral
United States Court of Appeals
Fifth Circuit
F I L E D
November 10, 2005
Charles R. Fulbruge III
Clerk
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 05-10581
Summary Calendar
DONNELL LINTHECOME,
Plaintiff-Appellant,
versus
JOHN W. SNOW, SECRETARY, DEPARTMENT
OF TREASURY,
Defendant-Appellee.
Appeal from the United States District Court
for the Northern District of Texas
(USDC No. 3:05-CV-27)
_________________________________________________________
Before REAVLEY, JOLLY and OWEN, Circuit Judges.
PER CURIAM:
The judgment of the district court is affirmed.
Linthecome argues that the grievance procedure he selected did not require appeal
to the arbitrator, a step that is required for exhaustion of the administrative remedies.
That same contention was raised in the prior appeal. He lost that appeal for failure to
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exhaust administrative remedies, and now he offers no support for his contention that an
appeal to an arbitrator is not required or that anything has changed.
The jurisdiction of the court over the exhaustion issue was resolved in the prior
cases. Linthecome is estopped to raise it here.
AFFIRMED.
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