UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
__________________
No. 97-40032
Summary Calendar
__________________
ERNEST GUERRA,
Plaintiff-Appellant,
versus
JAMES D. MAYFIELD, Correctional Officer, Michael Unit,
Defendant-Appellee.
______________________________________________
Appeal from the United States District Court for the
Eastern District of Texas
(6:95-CV-920)
______________________________________________
August 6, 1997
Before JOLLY, BENAVIDES, and PARKER, Circuit Judges.
PER CURIAM:*
Ernest Guerra, # 642307, appeals the dismissal of a pro se
prisoner civil rights complaint for failure to exhaust his
administrative remedies. The district court indicated that Guerra
had failed to exhaust administrative remedies up through his step-
*
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this opinion should not be published and is not precedent except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.
three grievance procedure now in place, and Guerra provided, before
judgment, some evidence that he had exhausted the two-step
procedure. The case is remanded for the district court’s
determination of whether Guerra timely complied with the court’s
orders that he exhaust his administrative remedies in light of the
elimination of the step-three grievance procedure.
Guerra’s motion for appointment of counsel is DENIED without
prejudice to his right to reassert it before the district court.
His document labeled “motion for an appeal” is misnomered and is in
fact an attempt to supplement his brief. The same is unnecessary
and not in compliance with our rules, and is ordered stricken from
the appellate record.
VACATED and REMANDED.
2