James Andre Benton v. Warden Glenn Rich ( 2008 )

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
___________________________ FILED
U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
No. 07-16001 October 22, 2008
Non-Argument Calendar THOMAS K. KAHN
__________________________ CLERK
D. C. Docket No. 05-00090-CV-BAE-6
JAMES ANDRE BENTON,
Plaintiff-Appellant,
versus
WARDEN GLENN RICH,
DEPUTY WARDEN R. D. COLLINS,
SERGEANT POTTER,
SERGEANT HOBBY,
OFFICER OSBORN,
Defendants-Appellees.
_________________________________
On Appeal from the United States District Court
for the Southern District of Georgia
__________________________________
(October 22, 2008)
Before TJOFLAT, ANDERSON and HULL, Circuit Judges.
PER CURIAM:
Plaintiff is an inmate in a Georgia prison. He brought this suit under 42
U.S.C. § 1983 alleging that certain conditions of his confinement are cruel and
unusual in violation of the Eighth and Fourteenth Amendments. The district court,
adopting the report and recommendation of the magistrate judge as the opinion of
the court, dismissed his complaint without prejudice because he failed to exhaust
his administrative remedies as required by the Prison Litigation Reform Act before
instituting this lawsuit. He now appeals.
We agree with the district court that plaintiff failed to exhaust his
administrative remedies and is therefore precluded from maintaining this action.
AFFIRMED.
2