Walter B. Farver, Sr v. M. Capel

United States Court of Appeals
FOR THE EIGHTH CIRCUIT
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No. 99-1437
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Walter B. Farver, Sr., *
*
Appellant, *
*
v. *
*
M. Capel, Assistant Warden, Pine *
Bluff Work Complex, Arkansas *
Department of Correction; R. Raley, * Appeal from the United States
Major, Pine Bluff Work Complex, * District Court for the
Arkansas Department of Correction; * Eastern District of Arkansas.
R. Dobbs, Warden, Pine Bluff Work * [UNPUBLISHED]
Complex, Arkansas Department of *
Correction; Williams, Lieutenant, *
Pine Bluff Work Complex, Arkansas *
Department of Corrections; Walls, *
Sergeant, Pine Bluff Work Complex, *
Arkansas Department of Correction; *
A.D. Smith, CO-I, Pine Bluff Work *
Complex, Arkansas Department of *
Correction, *
*
Appellees. *
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Submitted: April 7, 1999
Filed: April 12, 1999
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Before RICHARD S. ARNOLD, WOLLMAN, and BEAM, Circuit Judges.
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PER CURIAM.
Walter B. Farver, an Arkansas inmate, appeals from the district court’s1 order
dismissing his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies,
as required under 42 U.S.C. § 1997e(a), and for failure to prosecute. Having
reviewed the record, we conclude that the district court properly dismissed Farver’s
lawsuit without prejudice. See Brown v. Toombs, 139 F.3d 1102, 1104 (6th Cir.) (per
curiam), cert. denied, 119 S. Ct. 88 (1998). Accordingly, the judgment is affirmed.
See 8th Cir. R. 47A(a).
A true copy.
Attest:
CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
1
The Honorable James Maxwell Moody, United States District Judge for the
Eastern District of Arkansas adopting the report and recommendations of the
Honorable Jerry W. Cavaneau, United States Magistrate Judge for the Eastern District
of Arkansas.
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