United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT April 15, 2003
Charles R. Fulbruge III
Clerk
No. 03-20062
Summary Calendar
DONALD C. JACKSON,
Plaintiff-Appellant,
versus
GARY L. JOHNSON, DIRECTOR,
TEXAS DEPARTMENT OF CRIMINAL JUSTICE,
INSTITUTIONAL DIVISION; GAIL JOHNSON,
Defendants-Appellees.
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Appeal from the United States District Court
for the Southern District of Texas
USDC No. H-01-CV-2592
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Before HIGGINBOTHAM, SMITH, and CLEMENT, Circuit Judges.
PER CURIAM:*
Donald C. Jackson, Texas prisoner No. 220004, appeals the
dismissal of his in forma pauperis complaint raising denial-of-
access-to-the-courts claims against Texas Department of Criminal
Justice (TDCJ) Director Gary Johnson and against U.S. Supreme
Court Deputy Clerk Gail Johnson. Jackson argues that the
district court erred by dismissing with prejudice his claims
*
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that this opinion should not be published and is not precedent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. 03-20062
-2-
against TDCJ Director Johnson concerning allegedly inadequate
prison library facilities for failure to exhaust administrative
remedies as required by 42 U.S.C. § 1997e and that the district
court further erred by dismissing his claim that Deputy Clerk
Johnson wrongly refused to file an out-of-time corrected petition
for a writ of certiorari to the Supreme Court in a lawsuit
concerning the denial of unemployment benefits.
As Jackson does not allege that he exhausted his prison
administrative remedies as required by § 1997(e), we find no
error in the district court’s dismissal of his claims against
TDCJ Director Johnson. Days v. Johnson, F.3d , 2003 WL
369677 at *2 (5th Cir. Feb. 21, 2003, No. 02-10064); see
Underwood v. Wilson, 151 F.3d 292, 296 (5th Cir. 1998).
Jackson’s claim that Deputy Clerk Johnson denied him access
to the courts fails because he cannot establish that he suffered
an “actual injury” as the result of Deputy Clerk Johnson’s
actions. Lewis v. Casey, 518 U.S. 343, 353-56 (1996); Jones v.
Greninger, 188 F.3d 322, 325 (5th Cir. 1999); see also See Brown
v. Allen, 344 U.S. 443, 488-97 (1953) (Frankfurter, J.,
concurring).
AFFIRMED.