Alonzo Coleman v. Michael Kemna , 83 F. App'x 140 ( 2003 )


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  •                     United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 03-2011
    ___________
    Alonzo Dwayne Coleman,               *
    *
    Appellant,               *
    * Appeal from the United States
    v.                            * District Court for the
    * Western District of Missouri.
    Michael Kemna; Rita Taylor; Becky    *
    Hold; Clerence Denzor; Jean Yount;   *      [UNPUBLISHED]
    J. Barrett,                          *
    *
    Appellees.               *
    ___________
    Submitted: December 5, 2003
    Filed: December 12, 2003
    ___________
    Before BYE, BOWMAN, and MELLOY, Circuit Judges.
    ___________
    PER CURIAM.
    Missouri inmate Alonzo Coleman appeals from the District Court’s1 dismissal
    without prejudice of his civil rights action for failure to exhaust administrative
    remedies. Having carefully reviewed the record, see Johnson v. Jones, 
    340 F.3d 624
    ,
    626 (findings of fact reviewed for clear error and conclusions of law reviewed
    1
    The Honorable Howard F. Sachs, United States District Judge for the Western
    District of Missouri.
    de novo), we conclude the District Court properly dismissed the lawsuit because (1)
    Coleman asserted unexhausted claims based on events taking place after the date of
    his last grievance, see Graves v. Norris, 
    218 F.3d 884
    , 885-86 (8th Cir. 2000) (per
    curiam) (dismissal of entire suit was proper where some of inmate’s claims were
    unexhausted); and (2) Coleman did not exhaust (or even attempt to grieve) his
    asserted claims against Crossroads Correctional Center Superintendent Michael
    Kemna, see Love v. May, 63 Fed. Appx. 282, 283 (8th Cir. 2003) (unpublished per
    curiam) (dismissal for non-exhaustion proper where inmate failed to file claims
    against director, warden, and assistant warden).
    Accordingly, we affirm. See 8th Cir. R. 47B.
    ______________________________
    -2-
    

Document Info

Docket Number: 03-2011

Citation Numbers: 83 F. App'x 140

Judges: Bye, Bowman, Melloy

Filed Date: 12/12/2003

Precedential Status: Non-Precedential

Modified Date: 11/6/2024