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36 F. App'x 100

Steen v. Hurd

U.S. Courts of Appeals

Decided June 3, 2002

U.S. Courts of Appeals · decided 2002-06-03

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

Relies on Correction Officer Porters v. Ronald Nussle

Affirmed by unpublished PER CURIAM opinion · Decided 2002-06-03

PER CURIAM.

¶1 Patrick J. Steen appeals the district court’s order denying relief on his 42 U.S.C.A. § 1983 (West Supp.2001) complaint. We have reviewed the record and the district court’s opinion and find no reversible error. Accordingly, we affirm substantially on the reasoning of the district court. * See Steen v. Hurd, No. CA-97-544-3-1-MU (W.D.N.C. Jan. 9, 2002). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before the court and argument would not aid the decisional process.

¶2 AFFIRMED.

*

¶3 The Supreme Court’s recent decision in Porter v. Nussle, 534 U.S. 516, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002) held that "the [Prisoner Litigation Reform Act]’s exhaustion requirement applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes, and whether they allege excessive force or some other wrong.” Id. at 992. Thus, Appellant’s claim of excessive force was properly dismissed for failure to exhaust administrative remedies.

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