JACKSON v. SANTINI FCI MN FCI MN FCI MN FCI MN (2018)

[Unpublished]

Federal inmate James Jackson appeals after the district court’s ¹ dismissal without prejudice of his action brought under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), for failure to exhaust his administrative remedies. He also moves for leave to supplement his brief with an added citation.

We conclude that the requested brief supplement is permissible. We further conclude, upon careful de novo review, that the dismissal was proper. See 42 U.S.C. § 1997e(a) (exhaustion requirement); King v. Iowa Dep’t of Corr., 598 F.3d 1051, 1052-53 (8th Cir. 2010) (standard of review; exhaustion is precondition to inmate bringing suit in federal court); Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (under plain language of § 1997e(a), inmate must exhaust administrative remedies before filing suit in federal court, and if he has not done so, dismissal is mandatory).

Accordingly, we grant the pending motion, and we affirm, see 8th Cir. R. 47B.

FOOTNOTES

1.   The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota, adopting the report and recommendations of the Honorable Tony N. Leung, United States Magistrate Judge for the District of Minnesota.

PER CURIAM.