Public-domain · open source
OpenJurist

49 F. App'x 665

David Evans v. Larry Norris

U.S. Courts of Appeals

Decided November 1, 2002

This page is marked noindex.

U.S. Courts of Appeals · decided 2002-11-01

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

Relies on Willie Graves

Decided 2002-11-01

PER CURIAM.

¶1 Arkansas inmate David Ray Evans appeals the district court’s 1 pre-service dismissal of his 42 U.S.C. § 1983 lawsuit without prejudice. Having carefully reviewed the record, we conclude dismissal *666 was proper because Mr. Evans failed to exhaust available prison grievance remedies as to all of his claims. See Graves v. Norris, 218 F.3d 884, 885 (8th Cir.2000) (per curiam). While he exhausted a general claim related to tobacco and secondhand-smoke exposure in the prison, he did not pursue the grievance procedure as to more specific claims asserted in the complaint against some of the defendants. Accordingly, we affirm the judgment. See 8th Cir. R. 47A(a).

/49/fappx/665 · .json · Public domain