Opinion
No. 10-3612.
Submitted: September 20, 2011.
Filed: September 23, 2011.
Appeal from the United States District Court for the District of Minnesota.
Lucius R. Allen, Bruceton Mills, WV, pro se.
Mary J. Madigan, Assistant U.S. Attorney, U.S. Attorney's Office, Minneapolis, MN, Margaret Jacot, Attorney General's Office, Bryon Glen Ascheman, Richard John Thomas, Burke Thomas, St. Paul, MN, for Appellees.
Mark Wells Hardy, Geraghty O'Loughlin, St. Paul, MN, for Appellees/Defendant.
Before LOKEN, BYE, and COLLOTON, Circuit Judges.
[UNPUBLISHED]
Federal inmate Lucius R. Allen appeals following the district court's adverse grant of summary judgment on his remaining claims in his civil rights suit. Upon de novo review, we agree with the district court that dismissal of the claims against Karen Jussila was required based on Allen's failure to exhaust his administrative remedies before he filed the instant lawsuit. See King v. Iowa Dep't of Corr., 598 F.3d 1051, 1052 (8th Cir.), cert. denied, ___ U.S. ___, 131 S.Ct. 499, 178 L.Ed.2d 296 counsel. (2010). We thus affirm, and we deny Allen's pending motion for appointment of counsel.
The Honorable Joan N. Ericksen, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Janie S. Mayeron, United States Magistrate Judge for the District of Minnesota.
Allen has abandoned his claims against the other appellees. See Griffith v. City of Des Moines, 387 F.3d 733, 739 (8th Cir. 2004).