Larry John Stephens v. Warden Tony Howerton

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT FILED
________________________ U.S. COURT OF APPEALS
ELEVENTH CIRCUIT
March 17, 2008
No. 07-13243 THOMAS K. KAHN
________________________ CLERK
D. C. Docket No. 05-00171-CV-1-DHB
LARRY JOHN STEPHENS,
Plaintiff-Appellant,
versus
WARDEN TONY HOWERTON,
DEPUTY WARDEN DENNIS BROWN,
OFFICER JONES,
OFFICER BRYANT,
OFFICER KING, et al.,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Southern District of Georgia
_________________________
(March 17, 2008)
Before HULL and WILSON, Circuit Judges, and ALBRITTON *, District Judge.
PER CURIAM:
After review and oral argument, we affirm the district court’s dismissal of
plaintiff’s complaint without prejudice because after June 1, 2005 (when the
plaintiff was returned to the general prison population), and prior to filing his
complaint on October 5, 2005, the plaintiff failed to file an out-of-time grievance
as provided for in the written grievance policy. We need not reach any issues
regarding the availability of grievances during the time period prior to June 1, 2005
and expressly make no ruling as to whether the district court erred in adopting the
procedure followed by the Ninth Circuit in Wyatt v. Terhune, 315 F.3d 1108 (9th
Cir. 2003).
AFFIRMED.
*
Honorable W. Harold Albritton, III, United States District Judge for the Middle District
of Alabama, sitting by designation.
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