Unpublished Dispositionrobert Lock, Plaintiff-appellant, v. John Gluch; John Doe, Officer in Charge of Inmates Personalfunds, Defendants-appellees, 875 F.2d 865 (6th Cir. 1989)

ORDER

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).

Robert Lock appeals the dismissal of his complaint filed under the authority of Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), as frivolous pursuant to 28 U.S.C. § 1915(d). Lock alleged that monies deducted from his prison account were not timely credited toward a fine for the crime for which he is currently incarcerated. Defendants are the prison warden and an unknown "accounting officer."

Upon consideration, we conclude that the complaint was properly dismissed as frivolous but for reasons other than those given by the district court. See Davis v. Keohane, 635 F.2d 1147, 1148 (6th Cir. 1987) (per curiam); Russ' Kwik Car Wash, Inc. v. Marathon Petroleum Co., 772 F.2d 214, 216 (6th Cir. 1985). A federal prisoner is required to show that he has exhausted his administrative remedies with the Bureau of Prisons before he may proceed against prison officials under Bivens. Davis, 835 F.2d at 1148-49. Here, Lock has made no such showing.

Accordingly, the judgment of the district court is affirmed without prejudice. Rule 9(b) (5), Rules of the Sixth Circuit. See Davis, 835 F.2d at 1149.