Legal Opinion

Koon v. Stalder

Court of Appeals for the Fifth Circuit

Decided September 29, 2005No. 04-31271Unpublished

1Opinion of the Court

PER CURIAM: *

Walter Koon, Louisiana death row inmate # 351860, appeals the district court’s dismissal of his civil rights suit, filed pursuant to 42 U.S.C. § 1983, for failure to exhaust administrative remedies. Koon’s argument that administrative remedies on the due process and equal protection claims he raised were unavailable to him under Pope v. State, 792 So.2d 713 (La. 2001) , is unavailing as he is challenging the conditions of his confinement. See Ferrington v. Louisiana Dep’t of Corr., 315 F.3d 529, 532 (5th Cir.2002); Peterson v. Tofton, 828 So.2d 160, 163 (La.Ct.App. 2002) .…

2Cases cited4 opinions

  1. Howard v. KingCourt of Appeals for the Fifth Circuit · 1983
  2. Adepegba v. HammonsCourt of Appeals for the Fifth Circuit · 1996
  3. Pope v. StateSupreme Court of Louisiana · 2001
  4. Peterson v. TofftonLouisiana Court of Appeal · 2002

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