Filed: Jan. 09, 2001
Latest Update: Mar. 02, 2020
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-60509 Summary Calendar QUANTAS TURNER, Plaintiff-Appellant, versus HILLARD WADE; ANTHONY HARRIS; JESSIE RANDLE; BRUCE ROBINSON; CORY MCCRAY; WALKER, Corrections Officer 01; L. NELSON; ROBERT GRAYSON; LONNIE KIDD, Defendants-Appellees. - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:98-CV-230-P-A - January 8, 2001 Before REAVLEY, DAVIS and DeMOSS, Circuit Judges. PER CURIAM:* Quan
Summary: IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 00-60509 Summary Calendar QUANTAS TURNER, Plaintiff-Appellant, versus HILLARD WADE; ANTHONY HARRIS; JESSIE RANDLE; BRUCE ROBINSON; CORY MCCRAY; WALKER, Corrections Officer 01; L. NELSON; ROBERT GRAYSON; LONNIE KIDD, Defendants-Appellees. - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:98-CV-230-P-A - January 8, 2001 Before REAVLEY, DAVIS and DeMOSS, Circuit Judges. PER CURIAM:* Quant..
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IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 00-60509
Summary Calendar
QUANTAS TURNER,
Plaintiff-Appellant,
versus
HILLARD WADE; ANTHONY HARRIS; JESSIE RANDLE;
BRUCE ROBINSON; CORY MCCRAY; WALKER, Corrections
Officer 01; L. NELSON; ROBERT GRAYSON;
LONNIE KIDD,
Defendants-Appellees.
--------------------
Appeal from the United States District Court
for the Northern District of Mississippi
USDC No. 4:98-CV-230-P-A
--------------------
January 8, 2001
Before REAVLEY, DAVIS and DeMOSS, Circuit Judges.
PER CURIAM:*
Quantas Turner, Mississippi prisoner #58193, appeals from
the district court's dismissal of his complaint alleging that the
defendants assaulted him and issued an unjust Rules Violation
Report ("RVR"). Turner argues that he properly exhausted his
administrative remedies with respect to the assault claim and
therefore he should have been permitted to proceed on that claim
and to challenge the procedural deficiencies in his RVR hearing.
*
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that this opinion should not be published and is not precedent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. 00-60509
-2-
After a de novo review of the record, we find that Turner's
requests to the Administrative Remedy Program fail to establish
that he exhausted his administrative remedies on the assault
claim. See Powe v. Ennis,
177 F.3d 393, 394 (5th Cir. 1999);
Wendell v. Asher,
162 F.3d 887, 890-91 (5th Cir. 1999). Turner's
due process claim based on the RVR and disciplinary hearing fails
to state a claim implicating the Due Process Clause. See Sandin
v. Conner,
515 U.S. 472, 483-84 (1995).
AFFIRMED.