United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT February 18, 2004
Charles R. Fulbruge III
Clerk
No. 03-30505
Conference Calendar
WILLIE HARRISON, JR.,
Plaintiff-Appellant,
versus
RICHARD L. STALDER; N. BURL CAIN; DORA RABALAIS;
DAVY KELONE; and PAUL MEYERS,
Defendants-Appellees.
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Appeal from the United States District Court
for the Middle District of Louisiana
USDC No. 02-CV-219-A
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Before HIGGINBOTHAM, EMILIO M. GARZA, and PRADO, Circuit Judges.
PER CURIAM:*
Willie Harrison Jr., Louisiana prisoner # 101150, appeals
the district court’s dismissal of his 42 U.S.C. § 1983 claim
for failure to exhaust administrative remedies in accordance
with 42 U.S.C. § 1997e. He argues that: (1) he exhausted the
administrative remedies that were available to him; (2) the
district court erred in determining the date on which the time
for filing a timely administrative remedy request began to run;
*
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that this opinion should not be published and is not precedent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. 03-30505
-2-
and (3) the district court erred in relying on records from his
disciplinary appeal in determining when the time for filing a
timely administrative remedy request began to run.
Pursuant to 42 U.S.C. § 1997e(a), prisoners must exhaust
available administrative remedies before seeking 42 U.S.C. § 1983
relief in federal court. Underwood v. Wilson, 151 F.3d 292, 296
(5th Cir. 1998). A review of the record reveals that Harrison
failed to timely file an administrative remedy request and,
therefore, failed to exhaust his administrative remedies.
See Days v. Johnson, 322 F.3d 863, 866-67 (5th Cir. 2003).
His argument that the district court was precluded from
reviewing the records of his disciplinary appeal is without
merit. Because Harrison’s claims lack arguable merit, his appeal
is dismissed as frivolous. See 5th CIR. R. 42.2.
DISMISSED AS FRIVOLOUS.