Burns v. USA

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-11242 Summary Calendar DEBORAH BURNS Plaintiff - Appellant v. UNITED STATES OF AMERICA; FEDERAL MEDICAL CENTER CARSWELL; OKLAHOMA TRANSFER CENTER - PAULDING COUNTY JAIL, DALLAS, GEORGIA; FIRST NAME UNKNOWN MATTHEWS, Officer; J.B. BOGAN, Warden; C.L. BROWN, Captain; JORLENE LONG HUDSON, also known as first Name Unknown Long, also known as First Name Unknown Hudson; SANDRA E. BOYD, also known as First Name Unknown Boyd; FIRST NAME UNKNOWN STILLION, Officer; BARBARA WIRZFELD, also known as First Name Unknown Witzell, also known as First Name Unknown Wirzfeld; KATHLEEN HAWK, Director of Bureau of Prisons; FIRST NAME UNKNOWN GILLIUM; FIRST NAME UNKNOWN COOPER, Officer; L. AUSTIN, Unit officer; FIRST NAME UNKNOWN BASS, Officer; FIRST NAME UNKNOWN KAISER, Officer; FIRST NAME UNKNOWN COLE, Officer; FIRST NAME UNKNOWN GONZALEZ, Officer; ALTON APPLEWHITE, also known as Applewhite Defendants - Appellees -------------------- Appeal from the United States District Court for the Northern District of Texas USDC No. 4:98-CV-135-Y -------------------- July 6, 2001 Before KING, Chief Judge, and JONES and STEWART, Circuit Judges. PER CURIAM:* Deborah Burns appeals the district court’s dismissal of her 42 U.S.C. § 1983 complaint for failure to exhaust administrative * 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 00-11242 -2- remedies. Burns contends that her claim of sexual assault is not a prison conditions claim for purposes of applying 42 U.S.C. § 1997e’s exhaustion requirement. Because this court has held that 42 U.S.C. § 1997e’s exhaustion requirement applies to similar types of claims, Burns’ argument is rejected. See Wendell v. Asher, 162 F.3d 887, 889-91 (5th Cir. 1998). Burns has also filed a motion for the appointment of counsel. Because Burns fails to identify any exceptional circumstances that would warrant such appointment, her motion is denied. See Santana v. Chandler, 961 F.2d 514, 515 (5th Cir. 1992). AFFIRMED.