UNITED STATES COURT OF APPEALS
Filed 6/26/96
TENTH CIRCUIT
LORENZO FUENTES JIMENEZ,
Plaintiff - Appellant,
vs. No. 95-1468
(D.C. No. 95-S-2368)
BILL R. STORY, Warden and unknown (D. Colo)
defendant,
Defendant - Appellee.
ORDER AND JUDGMENT*
Before SEYMOUR, Chief Judge, KELLY, and LUCERO, Circuit Judges.**
Mr. Jimenez, an inmate appearing pro se, appeals from the dismissal of his civil
rights complaint and action brought pursuant to 42 U.S.C. § 1983. Because his complaint
seeks relief not limited to monetary compensation, and he has failed to comply with the
administrative grievance procedure, see 28 C.F.R. § 542.10-.16 (1994), his claim is
properly dismissed as he has failed to exhaust administrative remedies. See McCarthy v.
*
This order and judgment is not binding precedent, except under the doctrines of
law of the case, res judicata, and collateral estoppel. This court generally disfavors the
citation of orders and judgments; nevertheless, an order and judgment may be cited under
the terms and conditions of 10th Cir. R. 36.3.
**
After examining the briefs and the appellate record, this three-judge panel has
determined unanimously that oral argument would not be of material assistance in the
determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The cause is
therefore ordered submitted without oral argument.
Madigan, 503 U.S. 140, 144-45 (1992). We additionally note that Mr. Jiminez’s petition
fails on the merits because the Sentencing Reform Act did not require a release as of
October 31, 1992, as he contends.
AFFIRMED. We GRANT Mr. Jimenez’s Motion for Leave to Proceed on Appeal
Without Prepayment of Costs or Fees. The mandate shall issue forthwith.
Entered for the Court
Paul J. Kelly, Jr.
Circuit Judge
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