Stewart v. Russell

Opinion

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

No. 96-60303 Conference Calendar

MARSHAUN STEWART,

Plaintiff-Appellant,

versus

STANLEY RUSSELL,

Defendant-Appellee.

- - - - - - - - - - Appeal from the United States District Court for the Northern District of Mississippi USDC No. 4:95CV268-S-D - - - - - - - - - - October 23, 1996 Before POLITZ, Chief Judge, and JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Marshaun Stewart, #55420, appeals the district court’s

dismissal of his civil rights complaint for failure to prosecute

pursuant to Fed. R. Civ. P. 41(b). The district court did not

abuse its discretion in dismissing the complaint without

prejudice for Stewart’s failure to exhaust his administrative

remedies as ordered by the court. Fed. R. Civ. P. 41(b);

McCullough v. Lynaugh, 835 F.2d 1126, 1127 (5th Cir. 1988).

* Pursuant to Local Rule 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in Local Rule 47.5.4. AFFIRMED.