Unpublished Dispositionfrank A. Picon, Petitioner-appellant, v. United States of America, Respondent-appellee, 898 F.2d 154 (6th Cir. 1990)

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US Court of Appeals for the Sixth Circuit - 898 F.2d 154 (6th Cir. 1990) March 14, 1990

Before KENNEDY and RYAN, Circuit Judges, and GEORGE C. SMITH, District Judge.* 

ORDER

Frank A. Picon, a federal prisoner proceeding pro se, appeals the judgment of the district court dismissing his petition for habeas corpus relief, filed pursuant to 28 U.S.C. § 2241, for failure to exhaust administrative remedies. This case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and the briefs, this panel unanimously agrees that oral argument is not needed. Fed. R. App. P. 34(a).

Upon review, we find no error. Picon clearly failed to exhaust administrative remedies. A federal prisoner must exhaust available remedies before filing suit. Little v. Hopkins, 638 F.2d 953, 954 (6th Cir. 1981).

Accordingly, we hereby affirm the judgment of the district court pursuant to Rule 9(b) (5), Rules of the Sixth Circuit.

 *

The Honorable George C. Smith, U.S. District Judge for the Southern District of Ohio, sitting by designation

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