Anthony Moore v. Timothy Schuetzle, No. 07-2336 (8th Cir. 2008)
Annotate this CaseCourt Description: Prisoner case - prisoner civil rights. Defendant's summary judgment affirmed; however, as to Moore's unexhausted claim concerning a lack of exercise while he was in administrative segregation, the dismissal is amended to be a dismissal without prejudice.
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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 07-2336 ___________ Anthony James Moore, * * Appellant, * * Appeal from the United States v. * District Court for the * District of North Dakota. Timothy Schuetzle, in his individual * and official capacities, * [UNPUBLISHED] * Appellee. * ___________ Submitted: July 31, 2008 Filed: August 25, 2008 ___________ Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges. ___________ PER CURIAM. North Dakota inmate Anthony James Moore appeals the district court s1 adverse grant of summary judgment in his 42 U.S.C. ยง 1983 action. Having conducted de novo review of the record, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we find no basis for reversal. Accordingly, we affirm. See 8th Cir. R. 47B. However, as to Moore s claim alleging a lack of exercise in administrative segregation, we amend the dismissal to be without prejudice, as the record shows he 1 The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota. did not administratively exhaust this claim before filing the instant lawsuit. See Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (inmate must exhaust before filing suit, or dismissal is mandatory). ______________________________ -2-
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