Michael Scott v. John Adams, Linberg Arnold Jr., and John Defour, III

• Court: Court of Appeals of Texas
• Decided: April 20, 2006
• Docket: 14-05-00408-CV
• Status: Published

Opinion

Affirmed and Memorandum Opinion filed April 20, 2006

Affirmed and Memorandum Opinion filed April 20, 2006.

In The

Fourteenth Court of Appeals

____________

NO. 14-05-00408-CV

MICHAEL SCOTT, Appellant

V.

JOHN ADAMS, LINBERG ARNOLD, JR., AND JOHN DEFOUR, III, Appellees

On Appeal from the 240th District Court

Fort Bend County, Texas

Trial Court Cause No. 03CV133442

M E M O R A N D U M   O P I N I O N

Michael Scott, an inmate, filed suit against Warden John Adams, Assistant Warden Linberg Arnold Jr., and Major John Defour, III (defendants).  Defendants filed a motion to dismiss pursuant to Chapter 14 of the Texas Civil Practice and Remedies Code.  The trial court granted the motion.  Scott appeals, claiming the trial court erred.

When no fact hearing is held by the trial court, we may affirm the dismissal on any of the grounds presented in the motion to dismiss.  See Retzlaff v. Texas Dep=t of Criminal Justice, 94 S.W.3d 650, (Tex.App.CHouston [14th Dist.] 2002, pet. denied).  One of the grounds presented by defendants was Scott=s failure to exhaust the grievance procedure of the Texas Department of Criminal Justice.  See Tex. Civ. Prac. & Rem. Code Ann. ' 14.005.  Although the record contains a Step 1 and Step 2 grievance form it does not contain a copy of the written decision from the grievance system.  See Tex. Civ. Prac. & Rem. Code Ann. ' 14.005(a)(2).  Accordingly, the trial court did not abuse its discretion in dismissing Scott=s claims. 

The judgment of the trial court is affirmed.

PER CURIAM

Judgment rendered and Memorandum Opinion filed April 20, 2006.

Panel consists of Justices Hudson, Fowler, and Seymore.