Christopher Everett v. Bobby Tate, No. 20-2574 (8th Cir. 2021)
Annotate this CaseCourt Description: [Per Curiam - Before Gruender, Wollman, and Grasz, Circuit Judges] Prisoner case - Prisoner civil rights. No genuine issue of material fact exists as to whether plaintiff exhausted his administrative remedies, and the district court did not err in granting defendants summary judgment. [ March 25, 2021 ]
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United States Court of Appeals For the Eighth Circuit ___________________________ No. 20-2574 ___________________________ Christopher Everett lllllllllllllllllllllPlaintiff - Appellant v. Larry Ring, Police Officer Batesville PD; Martin, Jailer, Independence County Jail lllllllllllllllllllllDefendants Bobby Tate, Deputy, Independence County Sheriff's Department; Jeffrey Tate, Jailer, Batesville Police Department; Sissy Wilson, Jail Administrator, Independence County Jail; Shawn Stevens, Sheriff, Independence County lllllllllllllllllllllDefendants - Appellees ____________ Appeal from United States District Court for the Eastern District of Arkansas - Batesville ____________ Submitted: March 11, 2021 Filed: March 26, 2021 [Unpublished] ____________ Before GRUENDER, WOLLMAN, and GRASZ, Circuit Judges. ____________ PER CURIAM. Arkansas prisoner Christopher Everett appeals the district court’s1 grant of summary judgment dismissing his pro se 42 U.S.C. § 1983 action for failure to exhaust his administrative remedies. Having carefully reviewed the record, see Gibson v. Weber, 431 F.3d 339, 341 (8th Cir. 2005) (standard of review), we conclude that no genuine dispute of material fact exists as to whether Everett exhausted the administrative remedies available to him prior to filing suit, see 42 U.S.C. § 1997e(a) (stating that no action shall be brought with respect to prison conditions under § 1983 by a prisoner until available administrative remedies are exhausted); Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (stating that an inmate must exhaust all available administrative remedies before filing suit in federal court). Accordingly, we affirm. See 8th Cir. R. 47B. ______________________________ 1 The Honorable James M. Moody Jr., United States District Judge for the Eastern District of Arkansas, adopting the report and recommendations of the Honorable Beth Deere, United States Magistrate Judge for the Eastern District of Arkansas. -2-
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