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CARBE v. LAPPIN

No. 06-40192 Summary Calendar.

492 F.3d 325 (2007)

Milton CARBE, Plaintiff-Appellant, v. Harvey LAPPIN, Director of Federal Bureau of Prisons; Tyrone Silver, Assistant Regional Director, Federal Bureau of Prisons; T.C. Outlaw, Warden, USP Beaumont, TX; Yolanda LaFlore, Factory Manager Unicor; Unidentified Wilson, SIS, USP Beaumont, TX; Unidentified Rios, Assistant Warden, USP Beaumont, TX; Unidentified Martin, Assistant Warden, USP Beaumont, TX; Unknown (1), Regional Director, South Central Region of Federal Bureau of Prisons; Unknown (2), Executive Assistant to Warden T.C. Outlaw; Unknown (3), SOI, Unicor; Unknown (4), Captain USP Beaumont, TX; Unknown (5), All Lieutenants USP Beaumont, TX, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

July 5, 2007.

Attorney(s) appearing for the Case

Milton Earl Carbe, Beaumont, TX, pro se.

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.

PATRICK E. HIGGINBOTHAM, Circuit Judge:

Milton Carbe appeals the district court's dismissal without prejudice of his Bivens1 complaint for failure to exhaust administrative remedies. He alleged that he was subjected to unconstitutional conditions of confinement when the defendants ignored a mandatory evacuation order and left him and other inmates at the Beaumont prison during Hurricane Rita without, inter alia, adequate...

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