Summary
upholding dismissal of prisoner's § 1983 case alleging denial of medical care because prisoner failed to exhaust administrative remedies where he had filed a step one grievance, but failed to file the required step two grievance
Summary of this case from Powell v. MorrisOpinion
No. 05-20742 Summary Calendar.
July 23, 2007.
Gregory Roland, Huntsville, TX, pro se.
Patrick Nicholas Brezik, Office of the Attorney General for the State of Texas, Austin, TX, for Defendants-Appellees.
Appeal from the United States District Court for the Southern District of Texas, USDC No. 4:03-CV-5028.
Before REAVLEY, WIENER and DENNIS, Circuit Judges.
Gregory Roland, Texas prisoner # 1125992, filed a 42 U.S.C. § 1983 complaint alleging that he blacked out and suffered a light stroke due to a denial of medical care by prison officials. The district court granted the defendants' summary judgment motion and dismissed Roland's complaint on the basis that Roland had failed to exhaust his administrative remedies. Roland filed a timely notice of appeal.
Roland argues that the district court erred in finding that he had failed to exhaust his administrative remedies through the use of the prison grievance procedure. Roland filed a Step One grievance form numbered 2033222407. He did not, however, file a Step Two grievance form. He contends that he filed another Step One grievance form that he intended to serve as his Step Two form. It is undisputed that the second Step One form was returned to Roland unprocessed. Roland has not shown that the district court erred in dismissing his complaint. See 42 U.S.C. § 1997e(a).
Roland also argues that the district court abused its discretion when it denied his requests for appointment of counsel. We have considered the relevant factors and conclude that there were no exceptional circumstances to warrant the appointment of counsel. See Ulmer v. Chancellor, 691 F.2d 209, 212-13 (5th Cir. 1982).
AFFIRMED.