Opinion
No. 20-1021
05-27-2020
Jacque Louis Miller Plaintiff - Appellant v. Patti Wachtendorf; Kristine Wietzell; Frank Filippelli; Rhonda Lanser; Donna Cook; Tasha Whalen; Dennis Miller Defendants - Appellees Iowa State Penitentiary; Newton Correctional Facility; Iowa State Penitentiary Health Services Department; Newton Correctional Facility Health Services Department Defendants
Appeal from United States District Court for the Southern District of Iowa - Des Moines [Unpublished] Before KELLY, WOLLMAN, and STRAS, Circuit Judges. PER CURIAM.
In this 42 U.S.C. § 1983 action, Iowa inmate Jacque Louis Miller appeals the district court's adverse grant of summary judgment based on his failure to exhaust administrative remedies. See Faulkner v. Douglas Cty. Neb., 906 F.3d 728, 732 (8th Cir. 2018) (reviewing de novo grant of summary judgment); King v. Iowa Dep't of Corr., 598 F.3d 1051, 1052 (8th Circ. 2010) (reviewing de novo dismissal for failure to exhaust administrative remedies). We agree with the district court that Miller did not adequately counter defendants' evidence showing that he did not exhaust available administrative remedies before filing suit; and thus that dismissal was required. See Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (dismissal is mandatory if exhaustion was not completed at time of filing). The judgment is affirmed. See 8th Cir. R. 47B.
The Honorable Stephanie M. Rose, United States District Court Judge for the Southern District of Iowa.