United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT June 24, 2003
Charles R. Fulbruge III
Clerk
No. 02-41658
Conference Calendar
ANTONIO AGUILAR,
Plaintiff-Appellant,
versus
J. MOYA; C. DICKERSON; JANE DOE,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. G-00-CV-406
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Before DeMOSS, DENNIS, and PRADO, Circuit Judges.
PER CURIAM:*
Antonio Aguilar, Texas prisoner # 506300, appeals the
dismissal of his 42 U.S.C. § 1983 action for failure to exhaust
administrative remedies as required under 42 U.S.C. § 1997e(a).
He argues that there were no available remedies he could seek
under the prison grievance system for his failure-to-protect
claim, that 42 U.S.C. § 1997e thus did not apply, and that the
district court erred in dismissing the complaint for failure to
exhaust.
*
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that this opinion should not be published and is not precedent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. 02-41658
-2-
Aguilar was required to file grievances even if he could
obtain no relief under the prison grievance system. See Booth v.
Churner, 532 U.S. 731, 740-41 (2001); Wright v. Hollingsworth,
260 F.3d 357, 358 (5th Cir. 2001). The district court did not
err in dismissing Aguilar’s complaint for failure to exhaust.
AFFIRMED.