James Andre Benton v. Warden Glenn Rich, No. 07-16001 (11th Cir. 2008)

Annotate this Case

Download PDF

[DO NOT PUBLISH] IN THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT ___________________________ No. 07-16001 Non-Argument Calendar __________________________ FILED U.S. COURT OF APPEALS ELEVENTH CIRCUIT October 22, 2008 THOMAS K. KAHN CLERK D. C. Docket No. 05-00090-CV-BAE-6 JAMES ANDRE BENTON, Plaintiff-Appellant, versus WARDEN GLENN RICH, DEPUTY WARDEN R. D. COLLINS, SERGEANT POTTER, SERGEANT HOBBY, OFFICER OSBORN, Defendants-Appellees. _________________________________ On Appeal from the United States District Court for the Southern District of Georgia __________________________________ (October 22, 2008) Before TJOFLAT, ANDERSON and HULL, Circuit Judges. PER CURIAM: Plaintiff is an inmate in a Georgia prison. He brought this suit under 42 U.S.C. § 1983 alleging that certain conditions of his confinement are cruel and unusual in violation of the Eighth and Fourteenth Amendments. The district court, adopting the report and recommendation of the magistrate judge as the opinion of the court, dismissed his complaint without prejudice because he failed to exhaust his administrative remedies as required by the Prison Litigation Reform Act before instituting this lawsuit. He now appeals. We agree with the district court that plaintiff failed to exhaust his administrative remedies and is therefore precluded from maintaining this action. AFFIRMED. 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.