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ROSS v. COUNTY OF BERNALILLO

No. 02-2337.

365 F.3d 1181 (2004)

Michael Rene ROSS, Plaintiff-Appellant, v. COUNTY OF BERNALILLO, County of McKinley, Correctional Services Corporation, Management & Training Corporation, Nurse Jeannie King, John Does (Unknown Others), Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

April 28, 2004.

Attorney(s) appearing for the Case

Submitted on the briefs:1 Michael Rene Ross, pro se.

Patrick D. Allen, Yenson, Lynn, Allen & Wosick, P.C., for Defendant-Appellee County of Bernalillo.

Sean Olivas, Melanie Frassanito, Keleher & McLeod, P.A., for Defendant-Appellee County of McKinley.

Emily A. Franke, Butt, Thornton & Baehr, P.C., for Defendant-Appellee Correctional Services Corporation.

Michele U. Estrada, Madison, Harbour, Mroz & Brennan, P.A., for Defendants-Appellees Management & Training Corporation and Nurse Jeannie King.

Before EBEL, HENRY and MURPHY, Circuit Judges.

EBEL, Circuit Judge.

In this prisoner suit, plaintiff Michael Rene Ross brings Eighth Amendment claims against several defendants alleging that a slippery shower floor was unreasonably dangerous and that he did not receive appropriate medical attention after falling in the shower and injuring his shoulder. Applying a total exhaustion rule, the district court dismissed these claims without prejudice for failure to exhaust administrative remedies as required by the...

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