Lawrence E. Lupien v. Harold W. Clarke

04-1618Court of Appeals for the Eighth Circuit31 mars 2005

Texte intégral

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
___________
No. 04-2622
___________
Jimmy Shane Cantrell, *
*
Appellant, *
* Appeal from the United States
v. * District Court for the
* Eastern District of Arkansas.
Reed, Warden, Cummins Unit, ADC; *
John Does, Official responsible for * [UNPUBLISHED]
housing assignments, Cummins Unit, *
ADC; James Byers, Hearing Officer, *
Cummins Unit, ADC; James Gibson, *
Hearing Officer, Cummins Unit, ADC; *
Kim Luckett, Assistant Warden, *
Cummins Unit, ADC; Larry Norris, *
Director, Arkansas Department of *
Correction; Evans, Warden, Maximum *
Security Unit, Arkansas Department of *
Correction; C. Woods, Classification *
Officer, Arkansas Department of *
Correction; R. Hobbs, Assistant *
Director, Arkansas Department of *
Correction; Davis, Captain, Arkansas *
Department of Correction; G. Lay, *
Warden, Cummins Unit, Arkansas *
Department of Correction, *
*
Appellees. *

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1The Honorable William R. Wilson, Jr., United States District Judge for the
Eastern District of Arkansas.
-2-
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Submitted: March 7, 2005
Filed: March 11, 2005
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Before MORRIS SHEPPARD ARNOLD, FAGG, and SMITH, Circuit Judges.
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PER CURIAM.
Arkansas inmate Jimmy Shane Cantrell appeals the district court’s 1 pre-service
dismissal without prejudice of his 42 U.S.C. § 1983 complaint for failure to exhaust
his administrative remedies. We hold dismissal was proper because Mr. Cantrell
failed to allege he exhausted his administrative remedies as to his retaliation claim
against Director Norris, his claim against Captain Davis, his claim regarding improper
inmate classification, and his claim regarding his loss of protective custody status.
See Kozohorsky v. Harmon, 332 F.3d 1141, 1143 (8th Cir. 2003) (where multiple
prison-conditions claims are brought, administrative remedies must have been
exhausted as to all claims).
Accordingly, we affirm. See 8th Cir. R. 47B.
______________________________

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