Teixeira v. Director Texas Department of Criminal Justice Institutional Division , 74 F. App'x 387 ( 2003 )

United States Court of Appeals
Fifth Circuit
IN THE UNITED STATES COURT OF APPEALS
F I L E D
FOR THE FIFTH CIRCUIT August 28, 2003
Charles R. Fulbruge III
Clerk
No. 03-40276
Summary Calendar
LUKE CLYDE TEIXEIRA, on behalf of
himself and others similarly situated,
Plaintiff-Appellant,
versus
DIRECTOR TEXAS DEPARTMENT OF CRIMINAL JUSTICE
INSTITUTIONAL DIVISION, In his official and
individual capacity; TELFORD UNIT WARDEN,
in his official and individual capacity; UGI,
TELFORD UNIT, In his official and individual
capacity; RAYBURN, Mail Personnel, In his individual
and official capacity; CURIE, Mail Personnel,
In his individual and official capacity;
RANGE, Lieutenant, In her individual and official
capacity; JOHN DOES, (A-C), In their individual
and official capacity,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 5:02-CV-176
--------------------
Before HIGGINBOTHAM, DAVIS and PRADO, Circuit Judges.
PER CURIAM:*
Luke Teixeira, Texas state prisoner 1067308, appeals the
district court’s dismissal without prejudice of his 42 U.S.C.
*
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that this opinion should not be published and is not precedent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. 03-40276
-2-
§ 1983 complaint based on his failure to exhaust his prison
administrative remedies. Teixeira contends that he exhausted
his administrative remedies and would have produced copies of his
grievances if the district court had ordered prison officials to
provide the documents.
Teixeira’s pleadings reflect that he may have exhausted some
but possibly not all of his claims through the administrative
remedies process. The district court did not address the issue
whether Teixeira had actually exhausted his administrative
remedies, but dismissed the complaint because Teixeira had not
attached written proof of exhaustion. The dismissal on that
basis was erroneous because Teixeira was entitled to rely upon
his pleadings in asserting exhaustion. See Underwood v. Wilson,
151 F.3d 292, 296 (5th Cir. 1998).
The judgment of the district court dismissing the complaint
for failure to exhaust administrative remedies is VACATED and the
case is REMANDED to the district court for further consideration
of the exhaustion issue.
VACATED AND REMANDED.