70 F. App'x 236

Jessie T. CARTER, Plaintiff-Appellant, v. EAST BATON ROUGE PARISH PRISON; Unknown Moore, Deputy; Unknown Elginfrisk, Deputy, Defendants-Appellees.

No. 03-30373.

Summary Calendar

United States Court of Appeals, Fifth Circuit.

July 28, 2003.

Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.

PER CURIAM.*

Jessie T. Carter, Louisiana state prisoner #333544, appeals the district court’s dismissal without prejudice of his 42 U.S.C. § 1983 complaint for failure to exhaust his prison administrative remedies. Carter argues that he attempted to exhaust his prison remedies in the East Baton Rough Parish Prison system, but received no response.

The exhaustion requirement applies to all inmate suits regardless of the forms of relief sought or the remedies offered by the administrative procedures. See Booth v. Churner, 532 U.S. 731, 739, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001). Carter was therefore required to' exhaust his administrative remedies. Clifford v. Gibbs, 298 F.3d 328, 332 (5th Cir.2002).

Although defenses may be available to the exhaustion requirement, Carter has failed to assert any valid basis for the assertion of a defense. See Days v. Johnson, 322 F.3d 863, 866 (5th Cir.2003). The judgment of the district court is AFFIRMED. Carter’s motion for the appointment of counsel is DENIED. See Ulmer v. Chancellor, 691 F.2d 209, 212 (5th Cir.1982).

Carter v. East Baton Rouge Parish Prison
70 F. App'x 236

Case Details

Name
Carter v. East Baton Rouge Parish Prison
Decision Date
Jul 28, 2003
Citations

70 F. App'x 236

Jurisdiction
United States

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