Case: 21-30540 Document: 00516270466 Page: 1 Date Filed: 04/06/2022
United States Court of Appeals
for the Fifth Circuit United States Court of Appeals
Fifth Circuit
FILED
April 6, 2022
No. 21-30540
Lyle W. Cayce
Summary Calendar Clerk
Brandon Matthew Alwell,
Plaintiff—Appellant,
versus
James M. LeBlanc; Jerry Goodwin; Angie Huff; Tyrone
Mays; Vincent Coleman; Kevin Hill; Corey Reed;
DeMarcus Warren; JaMichael Moore; Sgt. Glass;
JaMario Coleman; Paula Millwee; Joel Williams; C.
Frazier; Jeffrey Jackson, Nurse; Jeffery Bruce Fuller,
Defendants—Appellees.
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 5:20-CV-465
Before King, Costa, and Ho, Circuit Judges.
Per Curiam:*
*
Pursuant to 5th Circuit Rule 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opinion should not be published and is not precedent except under the limited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 Circuit Rule 47.5.4.
Case: 21-30540 Document: 00516270466 Page: 2 Date Filed: 04/06/2022
No. 21-30540
Brandon Matthew Alwell, Louisiana prisoner # 595251, filed a pro se
civil rights complaint against numerous employees of the Louisiana
Department of Public Safety and Corrections and the David Wade
Correctional Center. On a motion for summary judgment, the district court
found that Alwell failed to exhaust his administrative remedies as to most of
his claims and dismissed them without prejudice. With respect to Alwell’s
alleged denial of medical care on November 22, 2019, the district court found
that he could not establish that any of the defendants had been deliberately
indifferent to his serious medical needs. The district court dismissed this
claim with prejudice. We review the grant of summary judgment de novo.
Nickell v. Beau View of Biloxi, L.L.C., 636 F.3d 752, 754 (5th Cir. 2011); Fed.
R. Civ. P. 56(a).
A prisoner who wishes to file a § 1983 lawsuit for damages against
prison officials must first exhaust all available administrative remedies. 42
U.S.C. § 1997e(a); Johnson v. Johnson, 385 F.3d 503, 515 (5th Cir. 2004).
District courts have no discretion to excuse a prisoner’s failure to properly
exhaust the grievance procedure before filing a § 1983 complaint. Gonzalez
v. Seal, 702 F.3d 785, 788 (5th Cir. 2012); Cantwell v. Sterling, 788 F.3d 507,
509 (5th Cir. 2015). Alwell asserts that his grievance filed on December 10,
2019, addressed all the issues he raised in his § 1983 complaint. The record
refutes this assertion. Alwell has not shown that the district court erred in
dismissing his claims without prejudice for failure to exhaust his
administrative remedies. See Gonzalez, 702 F.3d at 788.
Alwell has abandoned all other issues on appeal by failing to brief
them. See Yohey v. Collins, 985 F.2d 222, 224-25 (5th Cir. 1993); Fed. R.
App. P. 28(a)(8). The judgment of the district court is AFFIRMED.
2