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HESSBROOK v. LENNON

No. 84-1075.

777 F.2d 999 (1985)

Dan S. HESSBROOK, Plaintiff-Appellant, v. M.C. LENNON, Jr., D.A. French, and J. Saxman, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied January 30, 1986.

Attorney(s) appearing for the Case

Dan S. Hessbrook, pro se.

Edward C. Prado, U.S. Atty., Hugh P. Shovlin, Asst. U.S. Atty., San Antonio, Tex., for defendants-appellees.

Before RANDALL, JOHNSON, and GARWOOD, Circuit Judges.

GARWOOD, Circuit Judge:

Appellant is a federal prisoner. His Bivens1 action seeking monetary damages, and no other relief, for an alleged violation of his Eighth Amendment rights was dismissed without prejudice by the federal district court for his failure to exhaust administrative remedies. We affirm the holding that exhaustion is required, but remand for consideration of whether the suit should be held in abeyance, with jurisdiction...

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