Leach vs. Chivers (5th Cir. 2002)

Federal Circuits, 5th Cir. (December 09, 2002)

Docket number: 02-40725


Permanent Link: http://vlex.com/vid/leach-vs-chivers-18408832
Id. vLex: VLEX-18408832

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Pursuant to 5 TH C IR . R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5 TH C IR .

R. 47.5.4. IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 02-40725 Summary Calendar EDDIE ARNOLD LEACH, JR., Plaintiff-Appellant, versus T.C. CHIVERS, Sergeant; C.D. KING, IV, CO; R. SMITH, IV, CO; J.W. CATOE; S.A. MELVIN, Major; D. GROUNDS, Warden; B.W. RODEEN, Assistant Warden; J. HALL, Correctional Officer at Telford Unit; C. BECKHAM, Correctional Officer at Telford Unit; R. STANDLEY, Senior Medical Doctor at Telford Unit; G. JOHNSON, Executive Director of Texas Department of Criminal Justice; STATE OF TEXAS, Defendants-Appellees. Appeal from the United States District Court for the Eastern District of Texas USDC No. 5:01-CV-176 December 6, 2002 Before JONES, DUHÉ, and CLEMENT, Circuit Judges.

PER CURIAM: 1 Eddie Arnold Leach, Jr., Texas prisoner # 825037, appeals the district court§ 1983 lawsuit without prejudice for failure to comply with a court order, pursuant to F ED . R. C IV . P. 41(b). Leach misapprehends the nature of the district courtÂ’s dismissal and addresses his brief entirely to the argument that dismissal for f a ilure to exhaust administrative remedies was incorrect. Leach does not make any argument regarding the propriety of dismissal under Rule 41(b) and has thus waived the sole ground for appeal. S ee Yohey v. Collins , 985 F.2d 222, 224-25 (5th Cir. 1993). Furthermore, Leach has not provided sufficient information upon which we could order a remand to allow him to show exhaustion. Accordingly, the district courtÂ’s judgment is AFFIRMED.

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