Filed: Nov. 14, 2005
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS November 10, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 05-10581 Summary Calendar DONNELL LINTHECOME, Plaintiff-Appellant, versus JOHN W. SNOW, SECRETARY, DEPARTMENT OF TREASURY, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas (USDC No. 3:05-CV-27) _ Before REAVLEY, JOLLY and OWEN, Circuit Judges. PER CURIAM: The judgment of the distri
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS November 10, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 05-10581 Summary Calendar DONNELL LINTHECOME, Plaintiff-Appellant, versus JOHN W. SNOW, SECRETARY, DEPARTMENT OF TREASURY, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas (USDC No. 3:05-CV-27) _ Before REAVLEY, JOLLY and OWEN, Circuit Judges. PER CURIAM: The judgment of the distric..
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United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS November 10, 2005 FOR THE FIFTH CIRCUIT Charles R. Fulbruge III Clerk No. 05-10581 Summary Calendar DONNELL LINTHECOME, Plaintiff-Appellant, versus JOHN W. SNOW, SECRETARY, DEPARTMENT OF TREASURY, Defendant-Appellee. Appeal from the United States District Court for the Northern District of Texas (USDC No. 3:05-CV-27) _________________________________________________________ Before REAVLEY, JOLLY and OWEN, Circuit Judges. PER CURIAM: The judgment of the district court is affirmed. Linthecome argues that the grievance procedure he selected did not require appeal to the arbitrator, a step that is required for exhaustion of the administrative remedies. That same contention was raised in the prior appeal. He lost that appeal for failure to exhaust administrative remedies, and now he offers no support for his contention that an appeal to an arbitrator is not required or that anything has changed. The jurisdiction of the court over the exhaustion issue was resolved in the prior cases. Linthecome is estopped to raise it here. AFFIRMED. 2
