Public-domain · open source
OpenJurist

75 F. App'x 980

Spencer v. Shoup

U.S. Courts of Appeals

Decided October 3, 2003

U.S. Courts of Appeals · decided 2003-10-03

Cited by 7 later decisions (1 by the Supreme Court) — most recently June 2016

2 federal appellate · 2 district ·

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

Relies on Correction Officer Porters v. Ronald Nussle · Yohey v. Collins · Mark Eric Wright v. Gayle Hollingsworth Etc et al.

Good law ✅— No negative treatment on recordhow we know

Decided 2003-10-03

View the full empirical analysis of this case →

PER CURIAM.*

¶1Fernando Spencer, federal prisoner # 10714-180, appeals, pro se, the summary judgment dismissing his 42 U.S.C. § 1983 claim. (Spencer’s motion for the appointment of counsel is DENIED.)

¶2Spencer has shown no error in the district court’s determination that Spencer failed to exhaust available administrative remedies. See 42 U.S.C. § 1997e(a); see Porter v. Nussle, 534 U.S. 516, 524, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002); Wright v. Hollingsworth, 260 F.3d 357, 358 (5th Cir.2001).

¶3*981Although required to do so under 42 U.S.C. § 1997e(e), Spencer failed to identify a specific physical injury. Nor did he present the issue in his brief; therefore, he has abandoned it for purposes of appeal. See, e.g., Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir.1993).

¶4MOTION DENIED; AFFIRMED

¶5 Pursuant to 5th Cir. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5th Cir. R. 47.5.4.

/75/fappx/980 · .json · Public domain