Sanchez v. Joslin, No. 06-11333 (5th Cir. 2007)

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IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT United States Court of Appeals Fifth Circuit FILED No. 06-11333 Summary Calendar December 14, 2007 Charles R. Fulbruge III Clerk MARTIN ALANIZ SANCHEZ Petitioner-Appellant v. DAN JOSLIN Respondent-Appellee Appeal from the United States District Court for the Northern District of Texas USDC No. 3:06-CV-138 Before HIGGINBOTHAM, STEWART, and OWEN, Circuit Judges. PER CURIAM:* Martin Alaniz Sanchez, federal prisoner #31293-177, filed the instant 28 U.S.C. § 2241 petition to challenge a disciplinary conviction. The district court dismissed the petition for want of exhaustion, and Alaniz Sanchez appeals that dismissal. Alaniz Sanchez argues that pursuit of administrative remedies was futile because officials could not have granted him relief and because officials likely would have denied any grievance that he would have filed. He further argues that he was actually innocent of the disciplinary charges. * Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 06-11333 Alaniz Sanchez has failed to establish that the district court abused its discretion by dismissing his suit. See Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). Alaniz Sanchez has not shown that he exhausted his administrative remedies, nor has he shown that his is the extraordinary case in which exhaustion should be excused. See id. Because Alaniz Sanchez s claim under the Federal Tort Claims Act is raised for the first time in this appeal, we decline to consider it. See Martinez v. Tex. Dep t of Criminal Justice, 300 F.3d 567, 574 (5th Cir. 2002). The judgment of the district court is AFFIRMED. 2

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