United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 21, 2003
Charles R. Fulbruge III
Clerk
No. 03-10457
Conference Calendar
DON BENNY ANDERSON,
Petitioner-Appellant,
versus
L. E. FLEMING,
Respondent-Appellee.
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Appeal from the United States District Court
for the Northern District of Texas
USDC No. 4:03-CV-97-Y
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Before KING, Chief Judge, and JOLLY and STEWART, Circuit Judges.
PER CURIAM:*
Don Benny Anderson, federal prisoner # 06260-026, appeals
the district court’s dismissal of his 28 U.S.C. § 2241 petition
for failure to exhaust administrative remedies. Federal
prisoners must exhaust “administrative remedies before seeking
habeas relief in federal court under 28 U.S.C. § 2241.” Fuller
v. Rich, 11 F.3d 61, 62 (5th Cir. 1994). Exceptions to the
exhaustion requirement apply “only in ‘extraordinary
circumstances’” when administrative remedies “are unavailable or
*
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that this opinion should not be published and is not precedent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. 03-10457
-2-
wholly inappropriate to the relief sought, or where the attempt
to exhaust such remedies would itself be a patently futile course
of action.” Id. (internal quotations omitted).
Anderson has submitted no evidence demonstrating
extraordinary circumstances to support his futility claim.
Consequently, the district court’s dismissal was not an abuse of
discretion. See id.
AFFIRMED.