Glen Springer v. Benjamin Caple ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-2096
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Glen Springer,
lllllllllllllllllllll Plaintiff - Appellant,
v.
Corporal Benjamin Dale Caple, also known as D. Cable; D. Reed, Warden,
Ouachita River Unit, ADC; Dep. Assist. Warden Gary A. Musselwhite,
lllllllllllllllllllll Defendants - Appellees.
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Appeal from United States District Court
for the Western District of Arkansas - Hot Springs
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Submitted: March 28, 2018
Filed: April 3, 2018
[Unpublished]
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Before WOLLMAN, COLLOTON, and SHEPHERD, Circuit Judges.
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PER CURIAM.
In this pro se 42 U.S.C. § 1983 action, Arkansas inmate Glen Springer appeals
the district court’s adverse grant of summary judgment. The district court granted
summary judgment based on its conclusion that Springer failed to exhaust
administrative remedies and failed to establish an Eighth Amendment violation.
Upon de novo review, see King v. Iowa Dep’t of Corrs., 598 F.3d 1051, 1052 (8th
Cir. 2010), we agree with the district court that Springer failed to exhaust
administrative remedies before filing suit and therefore affirm the dismissal of the
action on that basis. See 42 U.S.C. § 1997e(a); King, 598 F.3d at 1053. We modify
the dismissal, however, to be without prejudice. See Porter v. Sturm, 781 F.3d 448,
452 (8th Cir. 2015); Davis v. Harmon, 389 Fed. Appx. 587 (8th Cir. 2010)
(unpublished per curiam). We also conclude the district court properly denied
Springer’s motion for reconsideration. See United States v. Metro. St. Louis Sewer
Dist., 440 F.3d 930, 933 (8th Cir. 2006).
The judgment is affirmed as modified. See 8th Cir. R. 47B.
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