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223 F. App'x 431

Weaver v. Vonda

U.S. Courts of Appeals

Decided March 28, 2007

U.S. Courts of Appeals · decided 2007-03-28

Applies 42 U.S.C. § 1997E

Relies on Jones v. Bock

Decided 2007-03-28

PER CURIAM: *

¶1 Reginald Weaver, a Texas prisoner, appeals the dismissal with prejudice of his civil rights complaint pursuant to 42 U.S.C. § 1997e for failure to exhaust administrative remedies. Weaver has filed motions in this court requesting appointment of counsel, permission to supplement the record, production of documents, and extraordinary relief in the form of a temporary restraining order and/or permanent injunction forbidding the defendants from tampering with his mail. The motions are denied.

¶2 Weaver’s complaint was dismissed before service on the defendants. Failure to exhaust administrative remedies is an affirmative defense under the Prison Litigation Reform Act, and inmates are not required to plead specially or to demonstrate exhaustion in their complaints. Jones v. Bock, — U.S. -, 127 S.Ct. 910, 921, 166 L.Ed.2d 798 (2007).

¶3 Accordingly, the judgment is VACATED, and the case is REMANDED for further proceedings.

¶4 VACATED AND REMANDED; MOTIONS DENIED.

*

¶5 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

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