Henry Harmon v. Jonathan White, No. 17-1566 (8th Cir. 2017)
Annotate this CaseCourt Description: Per Curiam - Before Loken, Murphy and Shepherd, Circuit Judges] Prisoner case - Prisoner civil rights. Dismissal for failure to exhaust administrative remedies affirmed without comment.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1566 ___________________________ Henry A. Harmon lllllllllllllllllllll Plaintiff - Appellant v. Jonathan J. White, Corporal, Cummins Unit; Keith Day, Captain, Cummins Unit (originally named as K. Day) lllllllllllllllllllll Defendants - Appellees William Byers, Assistant Warden, Cummins Unit lllllllllllllllllllll Defendant Jared Byers, Assistant Warden, Cummins Unit lllllllllllllllllllll Defendant - Appellee ____________ Appeal from United States District Court for the Eastern District of Arkansas - Pine Bluff ____________ Submitted: October 5, 2017 Filed: October 25, 2017 [Unpublished] ____________ Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges. ____________ PER CURIAM. In this pro se 42 U.S.C. § 1983 action, Arkansas inmate Henry Harmon appeals after the district court1 dismissed his lawsuit without prejudice for failure to exhaust administrative remedies. Having carefully reviewed the record and the parties’ arguments on appeal, we conclude that dismissal was appropriate. See 42 U.S.C. § 1997e(a) (under Prison Litigation Reform Act (PLRA), prisoner must exhaust available administrative remedies before bringing federal prison-conditions claim); King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052 (2010) (reviewing de novo dismissal for failure to exhaust administrative remedies); Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (noting that PLRA requires dismissal for failure to fully exhaust administrative process). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable D.P. Marshall Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas. -2-
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