Bobby Earl Jefferson, Jr. v. Tom Roy, No. 19-3223 (8th Cir. 2020)

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Court Description: [Per Curiam - Before Colloton, Gruender and Grasz, Circuit Judges] Prisoner case - Prisoner civil rights. Order granting defendants' motion for summary judgment based on plaintiff's failure to exhaust his administrative remedies affirmed without comment.

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 19-3223 ___________________________ Bobby Earl Jefferson, Jr. lllllllllllllllllllllPlaintiff - Appellant v. Tom Roy; Chris Pawelk; Roy Witte; John R. King; Bruce Reiser; Jeff Lonsky; Steven Hammer; Carol Krippner; Reena Solheid; Alice Remillard; Anthony Forchas; Arthur Dana Dickson lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: August 4, 2020 Filed: August 14, 2020 [Unpublished] ____________ Before COLLOTON, GRUENDER, and GRASZ, Circuit Judges. ____________ PER CURIAM. In this 42 U.S.C. § 1983 action, Minnesota inmate Bobby Jefferson appeals the district court’s1 adverse grant of summary judgment based on his failure to exhaust administrative remedies. Having carefully reviewed the record and the arguments on appeal, we conclude the district court did not err in granting summary judgment. See Odom v. Kaizer, 864 F.3d 920, 921 (8th Cir. 2017) (reviewing de novo grant of summary judgment); see also King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (8th Cir. 2010) (reviewing de novo dismissal for failure to exhaust administrative remedies); Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (noting an inmate must exhaust administrative remedies before filing suit). Accordingly, we affirm the judgment. See 8th Cir. R. 47B. ______________________________ 1 The Honorable Wilhelmina M. Wright, United States District Judge for the District of Minnesota, adopting the report and recommendation of the Honorable Steven E. Rau, United States Magistrate Judge for the District of Minnesota, now deceased. -2-

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