James Jackson v. Lt. Amie Santini ( 2018 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-2154
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James Jackson
lllllllllllllllllllll Plaintiff - Appellant
v.
Lt. Amie Santini, Federal Bureau of Prisons, FCI Sandstone, Sandstone, MN, in
her individual capacity; Lt. Daniel Gravdahl, S.I.S., Federal Bureau of Prisons,
FCI Sandstone, Sandstone, MN, in his individual capacity; Jake Bush, Paralegal,
Federal Bureau of Prisons, FCI Sandstone, Sandstone, MN, in his individual
capacity; Denese Wilson, Warden, Federal Bureau of Prisons, FCI Sandstone,
Sandstone, MN, in her individual capacity
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the District of Minnesota
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Submitted: July 27, 2018
Filed: August 14, 2018
[Unpublished]
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Before GRUENDER, KELLY, and GRASZ, Circuit Judges.
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PER CURIAM.
Federal inmate James Jackson appeals after the district court’s1 dismissal
without prejudice of his action brought under Bivens v. Six Unknown Named Agents
of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), for failure to exhaust his
administrative remedies. He also moves for leave to supplement his brief with an
added citation.
We conclude that the requested brief supplement is permissible. We further
conclude, upon careful de novo review, that the dismissal was proper. See 42 U.S.C.
§ 1997e(a) (exhaustion requirement); King v. Iowa Dep’t of Corr., 598 F.3d 1051,
1052-53 (8th Cir. 2010) (standard of review; exhaustion is precondition to inmate
bringing suit in federal court); Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003)
(under plain language of § 1997e(a), inmate must exhaust administrative remedies
before filing suit in federal court, and if he has not done so, dismissal is mandatory).
Accordingly, we grant the pending motion, and we affirm, see 8th Cir. R. 47B.
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1
The Honorable Patrick J. Schiltz, United States District Judge for the District
of Minnesota, adopting the report and recommendations of the Honorable Tony N.
Leung, United States Magistrate Judge for the District of Minnesota.
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