Henry Harmon v. Jonathan White , 699 F. App'x 583 ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 17-1566
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Henry A. Harmon
lllllllllllllllllllll Plaintiff - Appellant
v.
Jonathan J. White, Corporal, Cummins Unit; Keith Day, Captain, Cummins Unit
(originally named as K. Day)
lllllllllllllllllllll Defendants - Appellees
William Byers, Assistant Warden, Cummins Unit
lllllllllllllllllllll Defendant
Jared Byers, Assistant Warden, Cummins Unit
lllllllllllllllllllll Defendant - Appellee
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Appeal from United States District Court
for the Eastern District of Arkansas - Pine Bluff
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Submitted: October 5, 2017
Filed: October 25, 2017
[Unpublished]
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Before LOKEN, MURPHY, and SHEPHERD, Circuit Judges.
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PER CURIAM.
In this pro se 42 U.S.C. § 1983 action, Arkansas inmate Henry Harmon appeals
after the district court1 dismissed his lawsuit without prejudice for failure to exhaust
administrative remedies.
Having carefully reviewed the record and the parties’ arguments on appeal, we
conclude that dismissal was appropriate. See 42 U.S.C. § 1997e(a) (under Prison
Litigation Reform Act (PLRA), prisoner must exhaust available administrative
remedies before bringing federal prison-conditions claim); King v. Iowa Dep’t of
Corr., 598 F.3d 1051, 1052 (2010) (reviewing de novo dismissal for failure to exhaust
administrative remedies); Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (noting
that PLRA requires dismissal for failure to fully exhaust administrative process).
Accordingly, we affirm. See 8th Cir. R. 47B.
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1
The Honorable D.P. Marshall Jr., United States District Judge for the Eastern
District of Arkansas, adopting the report and recommendations of the Honorable
Patricia S. Harris, United States Magistrate Judge for the Eastern District of Arkansas.
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