IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 02-10920
Summary Calendar
AMADO GARZA, III,
Plaintiff-Appellant,
versus
S. WAUSON, Correctional Officer 3,
Defendant-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 2:02-CV-206
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January 7, 2003
Before DAVIS, WIENER and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
Amado Garza, III, Texas prisoner # 752026, appeals from the
dismissal of his 42 U.S.C. § 1983 complaint as frivolous for
failure to exhaust administrative remedies. Garza argues that he
has exhausted administrative remedies, as evidenced by his Step 1
grievance form which he appended to his complaint. He also
complains that the district court erred in dismissing the
complaint as frivolous and with prejudice.
*
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that this opinion should not be published and is not precedent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. 02-10920
-2-
We review de novo the dismissal of an inmate’s civil rights
suit for failure to exhaust administrative remedies. Richardson
v. Spurlock, 260 F.3d 495, 499 (5th Cir. 2001). The district
court did not err in its determination that Garza failed to
exhaust administrative remedies; Garza’s Step 1 grievance
indicated that his excessive force allegation was to receive
further administrative review by the Central Grievance Office,
and the record contains no response from that office. See, e.g.,
Crain v. Prasifka, __S.W.3d__, No. 13-01-00790-CV, 2002 WL
1590491, *2 (Tex. App. 2002).
Furthermore, the district court did not err when it
dismissed the suit as frivolous and with prejudice. See Rourke
v. Thompson, 11 F.3d 47, 49 (5th Cir. 1993) (unexhausted in forma
pauperis complaint may be dismissed as frivolous where the
failure to exhaust is such a clear deficiency that it would
render frivolous an attempt to prosecute the suit); Underwood v.
Wilson, 151 F.3d 292, 295 (5th Cir. 1998) (unexhausted in forma
pauperis complaint may be dismissed with prejudice).
AFFIRMED.