Augustus v. US Penitentiary

No. 99-41178
-1-
* 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that this opinion should not be published and is not precedent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.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 99-41178
Summary Calendar
MOSES AUGUSTUS,
Plaintiff-Appellant,
VERSUS
UNITED STATES PENITENTIARY
BEAUMONT, TEXAS,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 1:99-CV-521
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June 27, 2000
Before DAVIS, EMILIO M. GARZA, and DENNIS, Circuit Judges.
PER CURIAM:*
Moses Augustus, federal prisoner # 39301-066, argues that the
district court erred in dismissing his civil rights complaint based
on his failure to exhaust his prison administrative remedies before
seeking relief in federal court. Augustus argues that he was not
required to exhaust his administrative remedies because he was very
ill and he required immediate action by the district court.

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No. 99-41178
-2-
Because Augustus sought injunctive relief and damages, he was
required to exhaust administrative remedies before seeking relief
in federal court. See Wright v. Hollingsworth, 201 F.3d 663, 665
(5th Cir. 2000); Whitley v. Hunt, 158 F.3d 882, 886-87 (5th Cir.
1998).
Augustus filed his civil rights complaint in the district
court within two weeks of the alleged date that he was denied
medical treatment. Although Augustus alleged that prison officials
would not entertain his grievances, the record reflects that he
failed to provide the administrators with an adequate opportunity
to do so.
The district court did not err in dismissing Augustus’
complaint for failure to exhaust his administrative remedies. See
Underwood v. Wilson, 151 F.3d 292, 295-96 (5th Cir. 1998), cert.
denied, 119 S. Ct. 1809 (1999); 28 U.S.C. § 1997e(a).
AFFIRMED.

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