Muhammad vs. Bureau of Prisons, (5th Cir. 2002)

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IN THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

No. 01-41088

Summary Calendar

C. ELIJAH MUHAMMAD, also known as

Christopher Mitchell,

Plaintiff-Appellant,

versus

BUREAU OF PRISONS; E. CHANDLER, Warden;

K. TIMMS, Lieutenant; SHEFFREY S. WARD;

UP MCGOWAN; UP NYLEN; P. DUMAS,

Defendants-Appellees.

Appeal from the United States District Court

for the Eastern District of Texas

USDC No. 1:00-CV-324

April 24, 2002

Before JOLLY, JONES and STEWART, Circuit Judges:

PER CURIAM:* C. Elijah Muhammad, federal prisoner # 0271-088 who was formerly confined at the United States Penitent iary in Beaumont, Texas, appeals the dismissal without prejudice of his civil action brought pursuant to Bivens v. Six Unknown Names Agents of Fed. Bureau of Narcotics,403 U.S. 388 (1971), for failure to exhaust his administrative remedies. He argues that he exhausted his administrative remedies by filing an administrative tort claim pursuant to 28 C.F.R. §§ 2671 et seq. Inmates are required to exhaust available administrative remedies before filing a civil action. See 42 U.S.C. § 1997e(a); Wright v. Hollingsworth, 260 F.3d 357, 358 (5th Cir. 2001). The Federal Bureau of Prisons' administrative remedy procedures are separate from the procedure for filing an administrative tort claim and are codified in 28 U.S.C. §§ 542.10, 542.13, 542.14, and 542.15.

Muhammad has not shown that he exhausted his administrative remedies as required by § 1997e(a).

See Porter v. Nussle, ___ U.S. ___ (U.S. Feb. 26, 2002, No. 00-853), 2002 WL 261683 at *10.

Therefore, he has not shown that the district court erred in dismissing his action for failure to exhaust available administrative remedies.

AFFIRMED.

* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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.

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