Orellana v. Zellar

United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT January 26, 2005
Charles R. Fulbruge III
Clerk
No. 04-40732
Summary Calendar
SAMUEL ORELLANA,
Plaintiff-Appellant,
versus
JAMES B. ZELLAR, SR., Warden;
Unidentified SQUIER, Sargent;
EARL A. BRIDGEFORTH, Correctional
Officer III; BYRONE L GRANT,
Correctional Officer; BRENDA D.
SPITALERI, Correctional Officer,
Defendants-Appellees.
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Appeal from the United States District Court
for the Eastern District of Texas
(9:03-CV-91-HWM)
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Before WIENER, BENAVIDES, and STEWART, Circuit Judges.
PER CURIAM:*
Plaintiff-Appellant Samuel Orellana, Texas prisoner # 1008987,
appeals the summary judgment dismissal of his 42 U.S.C. § 1983
complaint. We affirm.
The district court did not err in its summary-judgment,
qualified-immunity determination that Orellana had not established
the violation of a clearly established constitutional right on
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
either his denial-of-access-to-the-courts or retaliation claims
because he failed to argue or demonstrate that his ability to
pursue a “nonfrivolous,” “arguable" legal claim was hindered by the
defendants’ actions. Christopher v. Harbury, 536 U.S. 403, 415
(2002) (citations omitted); see Johnson v. Rodriguez, 110 F.3d 299,
311 (5th Cir. 1997).
Further, the district court did not err in dismissing the
claims against defendant Spitaleri pursuant to 42 U.S.C. § 1997e
for Orellana’s failure to exhaust administrative remedies. Texas
has a two-step administrative grievance procedure for state
inmates. Wendell v. Asher, 162 F.3d 887, 891 (5th Cir. 1998). The
record shows that the grievances filed by Orellana do not mention
Spitaleri. Accordingly, Orellana did not exhaust the available
administrative remedies regarding his claims against Spitaleri.
AFFIRMED.
2