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Parker v. Cain

United States Court of Appeals, Fifth Circuit
Jun 24, 2008
283 F. App'x 257 (5th Cir. 2008)

Opinion

No. 06-31269 Summary Calendar.

June 24, 2008.

Kermit Parker, Angola, LA, pro se.

Annette Rhodes Seng, Office of the Attorney General for the State of Louisiana, Baton Rouge, LA, for Defendants-Appellees.

Appeal from the United States District Court for the Middle District of Louisiana, USDC No. 3:03-CV-578.

Before GARZA, BENAVIDES, and PRADO, Circuit Judges.


Kermit Parker, Louisiana prisoner # 129332, alleged under 42 U.S.C. § 1983 that prison officials used excessive force and were deliberately indifferent to his medical needs. Parker appeals the district court's judgment that granted summary judgment and dismissed his claims against Major Nettles for failure to exhaust administrative remedies. Parker has not briefed any challenge to the dismissal of his claims against any defendant other than Nettles. Accordingly, he has abandoned these issues. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993).

We review the grant of summary judgment de novo. See Whittaker v. Bell South Telecomms., Inc., 206 F.3d 532, 534 (5th Cir. 2000). A prisoner may not bring a civil rights action "until such administrative remedies as are available are exhausted." 42U.S.C. § 1997e(a).

Competent summary judgment evidence established, and there is no competent summary judgment evidence to the contrary, that Parker did not exhaust his administrative remedies prior to filing this action. Accordingly, the district court's judgment is AFFIRMED.


Summaries of

Parker v. Cain

United States Court of Appeals, Fifth Circuit
Jun 24, 2008
283 F. App'x 257 (5th Cir. 2008)
Case details for

Parker v. Cain

Case Details

Full title:Kermit PARKER, Plaintiff-Appellant v. N. Burl CAIN; Linda Miller; Unknown…

Court:United States Court of Appeals, Fifth Circuit

Date published: Jun 24, 2008

Citations

283 F. App'x 257 (5th Cir. 2008)

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