IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 01-10529
Conference Calendar
THEODORE FLANAGAN,
Plaintiff-Appellant,
versus
K. WALKER, Correctional
Officer IV; G. J. CAWTHORN,
Captain,
Defendants-Appellees.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 1:01-CV-24
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August 23, 2001
Before KING, Chief Judge, and POLITZ and PARKER, Circuit Judges.
PER CURIAM:*
Theodore Flanagan, Texas prisoner # 734335, appeals the
district court’s dismissal without prejudice of his 42 U.S.C.
§ 1983 complaint for failure to exhaust his administrative
remedies. Flanagan argues that the district court erred in
dismissing his complaint because he exhausted his administrative
remedies prior to the district court’s dismissal, because he had
properly amended his complaint to include the relief section, and
*
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that this opinion should not be published and is not precedent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. 01-10529
-2-
alternatively without allowing him to amend his complaint to
dismiss the injunctive relief section.
This court reviews a district court’s dismissal of a
prisoner’s complaint for failure to exhaust de novo. See Powe v.
Ennis, 177 F.3d 393, 394 (5th Cir. 1999). “No action shall be
brought with respect to prison conditions under section 1983 of
this title, or any other Federal law, by a prisoner confined in
any jail, prison, or other correctional facility until such
administrative remedies as are available are exhausted.” 42
U.S.C. § 1997e(a).
Regardless whether Flanagan properly amended his relief
request or should have been allowed to drop his request for
injunctive relief, the district court did not err in dismissing
the complaint because Flanagan admittedly completed the grievance
procedures after he filed the complaint. Booth v. Churner, 121
S. Ct. 1819, 1825 (2001); Underwood v. Wilson, 151 F.3d 292, 296
(5th Cir. 1998). Accordingly, the judgment of the district court
is AFFIRMED.