McMahon v. Fleming , 145 F. App'x 887 ( 2005 )

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT August 15, 2005
Charles R. Fulbruge III
Clerk
No. 04-11084
Summary Calendar
PETER J. MCMAHON,
Petitioner-Appellant,
versus
L.E. FLEMING, Warden, FMC Fort Worth,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:04-CV-587-A
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Before SMITH, GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Peter J. McMahon, federal prisoner # 06394-062, challenges
the district court’s dismissal of his 28 U.S.C. § 2241 petition,
in which he argued that the Bureau of Prisons does not properly
calculate good time credit, for failure to exhaust administrative
remedies.
McMahon concedes that he did not exhaust administrative
remedies. However, he asserts that the exhaustion requirement is
not jurisdictional and that his failure to exhaust should be
*
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this opinion should not be published and is not precedent except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.
No. 04-11084
-2-
excused because exhaustion would be futile and would cause him
irreparable harm. He further contends that the district court
abused its discretion in failing to provide findings and
conclusions in support of its dismissal. McMahon has not
established that the district court abused its discretion in
dismissing his petition for failure to exhaust administrative
remedies. See Fuller v. Rich, 11 F.3d 61, 62 (5th Cir. 1994).
Accordingly, the district court’s judgment is AFFIRMED.