From Casetext: Smarter Legal Research

Moore v. Schuetzle

United States Court of Appeals, Eighth Circuit
Aug 25, 2008
289 F. App'x 962 (8th Cir. 2008)

Opinion

No. 07-2336.

Submitted: July 31, 2008.

Filed: August 25, 2008.

Appeal from the United States District Court for the District of North Dakota.

Before MELLOY, COLLOTON, and SHEPHERD, Circuit Judges.


[UNPUBLISHED]


North Dakota inmate Anthony James Moore appeals the district court's adverse grant of summary judgment in his 42 U.S.C. § 1983 action. Having conducted de novo review of the record, see Johnson v. Blaukat, 453 F.3d 1108, 1112 (8th Cir. 2006), we find no basis for reversal. Accordingly, we affirm. See 8th Cir. R. 47B. However, as to Moore's claim alleging a lack of exercise in administrative segregation, we amend the dismissal to be without prejudice, as the record shows he did not administratively exhaust this claim before filing the instant lawsuit. See Johnson v. Jones, 340 F.3d 624, 627 (8th Cir. 2003) (inmate must exhaust before filing suit, or dismissal is mandatory).

The Honorable Daniel L. Hovland, Chief Judge, United States District Court for the District of North Dakota.


Summaries of

Moore v. Schuetzle

United States Court of Appeals, Eighth Circuit
Aug 25, 2008
289 F. App'x 962 (8th Cir. 2008)
Case details for

Moore v. Schuetzle

Case Details

Full title:Anthony James MOORE, Appellant, v. Timothy SCHUETZLE, in his individual…

Court:United States Court of Appeals, Eighth Circuit

Date published: Aug 25, 2008

Citations

289 F. App'x 962 (8th Cir. 2008)

Citing Cases

Silva v. Rhode Island

Dunbar v. Caruso, No. 11-10123, 2012 WL 3308407, at *1 (E.D. Mich. Aug. 13, 2012) (internal quotation marks…

Richey v. Hogg

See Moore v. Rowley, Case No. 04-1981, 2005 WL 677800 (8th Cir. Mar. 24, 2005) (unpublished opinion) (a…