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101 F. App'x 514

Moore v. Stalder

U.S. Courts of Appeals

Decided June 24, 2004

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U.S. Courts of Appeals · decided 2004-06-24

Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act)) · 42 U.S.C. § 1997E

Relies on Wendell v. Asher · Days v. Johnson · Powe v. Ennis

Decided 2004-06-24

PER CURIAM: *

¶1 Darryl Moore, Louisiana prisoner no. 117655, appeals the dismissal, without prejudice, of his 42 U.S.C. § 1983 action in which he complains of a prison disciplinary sanction. We review the dismissal de novo and take a strict approach to the requirement that a prisoner exhaust administrative remedies. Days v. Johnson, 322 F.3d 863, 866 (5th Cir.2003) (strict approach); Powe v. Ennis, 177 F.3d 393, 394 (5th Cir.1999) (de novo review). Nothing in the record on appeal shows that Moore exhausted his administrative remedies prior to filing his action. See Wendell v. Asher, 162 F.3d 887, 890 (5th Cir.1998); 42 U.S.C. § 1997e(a). The judgment of the district court is

¶2 AFFIRMED.

*

¶3 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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