Arthur Battle v. Hilton Hall

[DO NOT PUBLISH]
IN THE UNITED STATES COURT OF APPEALS
FILED
FOR THE ELEVENTH CIRCUIT U.S. COURT OF APPEALS
________________________ ELEVENTH CIRCUIT
SEPTEMBER 5, 2007
No. 07-11466 THOMAS K. KAHN
Non-Argument Calendar CLERK
________________________
D. C. Docket No. 05-00433-CV-WDO-5
ARTHUR BATTLE,
Plaintiff-Appellant,
versus
HILTON HALL,
Warden of Macon State Prison,
in his individual capacity,
jointly and severally,
SAMUEL LACY,
Deputy Warden at Macon State
Prison, in his individual
capacity, jointly and severally,
CHARLIE HARPER,
Unit Manager at Macon State
Prison, in his individual
capacity, jointly and severally,
LT. BURSE,
Lieutenant at Macon State Prison,
in his individual capacity,
jointly and severally,
MR. HAGAN,
Sergeant at Macon State Prison,
in his individual capacity,
jointly and severally,
JOHN-1 DOE,
at Macon State Prison, in his
individual capacity, jointly
and severally,
JOHN-2 DOE,
at Macon State Prison, in his
individual capacity, jointly
and severally,
Defendants-Appellees.
________________________
Appeal from the United States District Court
for the Middle District of Georgia
_________________________
(September 5, 2007)
Before BLACK, MARCUS and WILSON, Circuit Judges.
PER CURIAM:
Arthur Battle appeals the district court’s dismissal of his 42 U.S.C. § 1983
claims. Battle alleged that he was beaten by Georgia prison guards while
incarcerated at Macon State Prison. We review the district court’s dismissal for
failure to exhaust a claim under the Prison Litigation Reform Act (PLRA), 42
U.S.C. § 1997(e) de novo. Brown v. Sikes, 212 F.3d 1205, 1207 (11th Cir. 2000).
Battle did not exhaust his claims by pursuing all administrative remedies before
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filing his lawsuit as required by PLRA. See 42 U.S.C. § 1997e(a). He only made
an informal grievance and did not pursue the avenues available for an appeal under
the Georgia prison procedures. The exhaustion requirement is mandatory, and
therefore Battle’s suit was properly dismissed by the district court. See Alexander
v. Hawk, 159 F.3d 1321 (11th Cir. 1998).
AFFIRMED.
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