Ricky Lee McDeid v. State of Minnesota

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The Honorable James E. Gritzner, United States District Judge for the Southern
District of Iowa.
United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 08-3008
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Darron Dean, *
*
Appellant, *
*
v. * Appeal from the United States
* District Court for the
John Ault, Warden; Scott Stevens, * Southern District of Iowa.
Counselor; Marty Rung, Unit Manager; *
Iowa Department of Corrections; Dave * [UNPUBLISHED]
DeGrange, Grievance Officer; Roger *
Larson, Treatment Director; Sheryl *
Lockwood, Assistant Deputy *
Director - Eastern Region, *
*
Appellees. *
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Submitted: August 28, 2009
Filed: August 31, 2009
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Before BYE, BOWMAN, and BENTON, Circuit Judges.
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PER CURIAM.
Iowa inmate Darron Dean appeals the district court’s1 dismissal without
prejudice of his 42 U.S.C. § 1983 action for failure to exhaust administrative

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remedies. We reviewed the district court’s fact findings for clear error and its
conclusions of law de novo, and conclude that dismissal was proper for the reasons
stated by the district court. See 42 U.S.C. § 1997e(a) (no action shall be brought with
respect to prison conditions until such administrative remedies as are available are
exhausted); Johnson v. Jones, 340 F.3d 624, 626 (8th Cir. 2003) (standard of review).
Accordingly, we affirm. See 8th Cir. R. 47B.
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