Legal Opinion

Joseph Stafford v. Gwen Brown

Court of Appeals for the Eighth Circuit

Decided December 9, 2004No. 04-2508Unpublished

1Per curiam

Federal inmate Joseph Stafford appeals the district court’s 1 Federal Rule of Civil Procedure 12(b)(6) dismissal of his action brought under Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971), for failure to exhaust administrative remedies. Having carefully reviewed the record, see McAlphin v. Toney, 375 F.3d 753, 754 (8th Cir.2004) (per curiam) (standard of review), we affirm.

A prisoner cannot bring a Bivens action involving prison conditions before exhausting available administrative remedies. See 42 U.S.C. § 1997e(a); Porter…

2Cases cited4 opinions

  1. Bivens v. Six Unknown Named Agents of Federal Bureau of NarcoticsSupreme Court of the United States · 1971
  2. Porter v. NussleSupreme Court of the United States · 2002
  3. Kozohorsky v. HarmonCourt of Appeals for the Eighth Circuit · 2003
  4. McALPHIN v. TONEYCourt of Appeals for the Eighth Circuit · 2004

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