IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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No. 96-40007
Summary Calendar
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JAMES EDWARD WOODS,
Plaintiff-Appellant,
versus
TDC MEDICAL DEPARTMENT,
Defendant-Appellee.
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Appeal from the United States District Court
for the Eastern District of Texas
USDC No. 6:95-CV-136
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April 17, 1996
Before KING, HIGGINBOTHAM, and STEWART, Circuit Judges.
PER CURIAM:*
This is an appeal from the magistrate judge's denial of
Woods' postjudgment motion for reconsideration, brought pursuant
to Fed. R. Civ. P. 60(b), of the magistrate judge's dismissal
without prejudice of Woods' civil rights complaint for failure to
prosecute. Woods contends that, because he did not receive the
magistrate judge's order informing him that he had failed to
exhaust his administrative remedies, the magistrate judge abused
her discretion by denying his motion. Assuming that Woods'
Pursuant to Local 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this opinion should not be published and is not precedent except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 Local Rule 47.5.4.
No. 96-40007
-2-
assertion is true, in his Rule 60(b) motion Woods still failed to
comply with the magistrate judge's order that he show that he had
exhausted his administrative remedies. As Woods apparently has
failed to exhaust his administrative remedies, or at least has
failed to show the magistrate judge that he has exhausted those
remedies, the magistrate judge did not abuse her discretion by
denying Woods' Rule 60(b) motion. See Aucoin v. K-Mart Apparel
Fashion Corp., 943 F.2d 6, 8-9 (5th Cir. 1991).
AFFIRMED.