Trevino v. Sanders

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _____________________ No. 99-40039 Summary Calendar _____________________ GILBERTO TREVINO, Plaintiff-Appellant, versus TIMOTHY D. SANDERS, RN, Michael Unit; ANICETO DOMINGUEZ, Doctor, Coffield Unit; JOHN ZOND, Dr., Michael Unit; UNIDENTIFIED RIGGLEMAN, X-ray Technician, Michael Unit; LOUIS E. GIBSON, Medical Director, Michael Unit; GARY L. JOHNSON, Director, Texas Department of Criminal Justice, Defendants-Appellees. _________________________________________________________________ Appeal from the United States District Court for the Eastern District of Texas USDC No. 6:98-CV-538 _________________________________________________________________ November 11, 1999 Before JOLLY, JONES, and BENAVIDES, Circuit Judges. PER CURIAM:* Gilberto Trevino, Texas prisoner # 578527, appeals from the district court’s dismissal of his 42 U.S.C. § 1983 civil rights complaint for failure to exhaust his administrative remedies, 42 U.S.C. § 1997e(a). Trevino filed his suit after the effective date of the Prison Litigation Reform Act (“PLRA”), and his case is thus governed by the provisions therein. See Underwood v. Wilson, 151 * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. F.3d 292, 293 (5th Cir. 1998), cert. denied, 119 S.Ct. 1809 (1999). The PLRA amended § 1997e to require that a prisoner must exhaust his administrative remedies before filing a § 1983 action. See § 1997e(a). Trevino did not exhaust administrative remedies before filing suit, and his purported exhaustion of administrative remedies during the pendency of his suit does not satisfy the requirements of § 1997e(a). See Underwood, 151 F.3d at 296. Accordingly, the district court’s dismissal is AFFIRMED. Trevino’s motions for production of documents, a temporary restraining order, and an expedited ruling are DENIED. JUDGMENT AFFIRMED; MOTIONS DENIED. 2