Trevino v. Sanders ( 1999 )

IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
_____________________
No. 99-40039
Summary Calendar
_____________________
GILBERTO TREVINO,
Plaintiff-Appellant,
versus
TIMOTHY D. SANDERS, RN, Michael Unit;
ANICETO DOMINGUEZ, Doctor, Coffield Unit;
JOHN ZOND, Dr., Michael Unit; UNIDENTIFIED
RIGGLEMAN, X-ray Technician, Michael Unit;
LOUIS E. GIBSON, Medical Director, Michael
Unit; GARY L. JOHNSON, Director, Texas
Department of Criminal Justice,
Defendants-Appellees.
_________________________________________________________________
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:98-CV-538
_________________________________________________________________
November 11, 1999
Before JOLLY, JONES, and BENAVIDES, Circuit Judges.
PER CURIAM:*
Gilberto Trevino, Texas prisoner # 578527, appeals from the
district court’s dismissal of his 42 U.S.C. § 1983 civil rights
complaint for failure to exhaust his administrative remedies, 42
U.S.C. § 1997e(a). Trevino filed his suit after the effective date
of the Prison Litigation Reform Act (“PLRA”), and his case is thus
governed by the provisions therein. See Underwood v. Wilson, 151
*
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this opinion should not be published and is not precedent except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.
F.3d 292, 293 (5th Cir. 1998), cert. denied, 119 S.Ct. 1809 (1999).
The PLRA amended § 1997e to require that a prisoner must exhaust
his administrative remedies before filing a § 1983 action. See
§ 1997e(a). Trevino did not exhaust administrative remedies before
filing suit, and his purported exhaustion of administrative
remedies during the pendency of his suit does not satisfy the
requirements of § 1997e(a). See Underwood, 151 F.3d at 296.
Accordingly, the district court’s dismissal is AFFIRMED. Trevino’s
motions for production of documents, a temporary restraining order,
and an expedited ruling are DENIED.
JUDGMENT AFFIRMED; MOTIONS DENIED.
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