James Jackson v. Lt. Amie Santini, No. 17-2154 (8th Cir. 2018)

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Court Description: Per Curiam - Before Gruender, Kelly and Grasz, Circuit Judges] Prisoner case - Civil rights. The district court did not err in dismissing this federal inmate's Bivens action for failure to exhaust administrative remedies.
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-2154 ___________________________ James Jackson lllllllllllllllllllll Plaintiff - Appellant v. Lt. Amie Santini, Federal Bureau of Prisons, FCI Sandstone, Sandstone, MN, in her individual capacity; Lt. Daniel Gravdahl, S.I.S., Federal Bureau of Prisons, FCI Sandstone, Sandstone, MN, in his individual capacity; Jake Bush, Paralegal, Federal Bureau of Prisons, FCI Sandstone, Sandstone, MN, in his individual capacity; Denese Wilson, Warden, Federal Bureau of Prisons, FCI Sandstone, Sandstone, MN, in her individual capacity lllllllllllllllllllll Defendants - Appellees ____________ Appeal from United States District Court for the District of Minnesota ____________ Submitted: July 27, 2018 Filed: August 14, 2018 [Unpublished] ____________ Before GRUENDER, KELLY, and GRASZ, Circuit Judges. ____________ PER CURIAM. Federal inmate James Jackson appeals after the district court’s1 dismissal without prejudice of his action brought under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), for failure to exhaust his administrative remedies. He also moves for leave to supplement his brief with an added citation. We conclude that the requested brief supplement is permissible. We further conclude, upon careful de novo review, that the dismissal was proper. See 42 U.S.C. § 1997e(a) (exhaustion requirement); King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052-53 (8th Cir. 2010) (standard of review; exhaustion is precondition to inmate bringing suit in federal court); Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (under plain language of § 1997e(a), inmate must exhaust administrative remedies before filing suit in federal court, and if he has not done so, dismissal is mandatory). Accordingly, we grant the pending motion, and we affirm, see 8th Cir. R. 47B. ______________________________ 1 The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Tony N. Leung, United States Magistrate Judge for the District of Minnesota. -2-