Chavez v. Johnson

F I L E D
United States Court of Appeals
Tenth Circuit
UNITED STATES COURT OF APPEALS
JUN 9 1998
FOR THE TENTH CIRCUIT
PATRICK FISHER
Clerk
BOBBY JOHN CHAVEZ,
Plaintiff-Appellant,
v. No. 97-2126
(D.C. No. CIV 97-247 MV/LFG)
GARY JOHNSON, Governor; (D. N.M.)
TOM UDALL, Attorney General;
BARRY HERTZOG, Compliance
Monitor; LUCILLE VIGIL,
Compliance Monitor; DONNA
MCCORD WILPOLT, Secretary
of Corrections; CATHALEEN
CATANACH, Supervisor-Central
Records Unit; JOE WILLIAMS,
Warden-C.N.M.C.F.; BRENDA
BACA, Records Manager-C.N.M.C.F.,
in their individual and official
capacities,
Defendants-Appellees.
ORDER AND JUDGMENT *
Before BALDOCK , EBEL , and MURPHY , Circuit Judges.
*
This order and judgment is not binding precedent, except under the
doctrines of law of the case, res judicata, and collateral estoppel. The court
generally disfavors the citation of orders and judgments; nevertheless, an order
and judgment may be cited under the terms and conditions of 10th Cir. R. 36.3.
After examining the briefs and appellate record, this panel has determined
unanimously that oral argument would not materially assist the determination of
this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore
ordered submitted without oral argument.
Bobby John Chavez appeals from the district court’s sua sponte dismissal
of his civil rights complaint pursuant to 28 U.S.C. § 1915A for failure to exhaust
administrative remedies as required by 42 U.S.C. § 1997e. Our jurisdiction arises
under 28 U.S.C. § 1291, and we review the district court’s ruling de novo. See
White v. McGinnis , 131 F.3d 593, 595 (6th Cir. 1997).
On appeal, Mr. Chavez contends that the district court erred in dismissing
his complaint because the court should have concluded that exhaustion was futile
in light of Mr. Chavez’s written notification to defendants of his complaints and
their responses. We reject this argument. In enacting the Prison Litigation
Reform Act of 1995 (PLRA), Pub. L. No. 104-134, 110 Stat. 1321 (April 26,
1996), Congress specifically required prisoners to exhaust all “administrative
remedies as are available.” 42 U.S.C. § 1997e(a). To allow Mr. Chavez to
bypass these remedies would eviscerate the statute.
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The judgment of the United States District Court for the District of New
Mexico is AFFIRMED. Plaintiff’s motion for leave to file a reply brief,
construed as a motion to file such brief out of time, is GRANTED.
Entered for the Court
Michael R. Murphy
Circuit Judge
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