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  • Robert L. Bruce, Sr. v. Commonwealth of Virginia Virginia Correctional Department, Defendants, 850 F.2d 688, 4th Cir. (1988)

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    Robert Bruce, a Virginia inmate, filed a complaint challenging conditions at Powhatan Correctional Center, not having a permanent assignment at another facility, and the calculation of his parole eligibility date and recidivist status. A magistrate continued the case for 90 days to allow Bruce to demonstrate exhaustion of administrative remedies, as required under law. When Bruce failed to do so, the district court dismissed the case without prejudice. The appeals court affirmed the dismissal, noting that claims attacking confinement must first exhaust state remedies before proceeding in federal court, and that dismissal of the other claims was not an abuse of discretion.

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    Filed: 1988-06-21 Precedential Status: Non-Precedential Citations: 850 F.2d 688 Docket: 88-6548

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    Robert Bruce, a Virginia inmate, filed a complaint challenging conditions at Powhatan Correctional Center, not having a permanent assignment at another facility, and the calculation of his parole eligibility date and recidivist status. A magistrate continued the case for 90 days to allow Bruce to demonstrate exhaustion of administrative remedies, as required under law. When Bruce failed to do so, the district court dismissed the case without prejudice. The appeals court affirmed the dismissal, noting that claims attacking confinement must first exhaust state remedies before proceeding in federal court, and that dismissal of the other claims was not an abuse of discretion.

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    Robert L. Bruce, Sr. v. Commonwealth of Virginia Virginia Correctional Department, Defendants, 850 F.2d 688, 4th Cir. (1988)

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    Robert Bruce, a Virginia inmate, filed a complaint challenging conditions at Powhatan Correctional Center, not having a permanent assignment at another facility, and the calculation of his parole eligibility date and recidivist status. A magistrate continued the case for 90 days to allow Bruce to demonstrate exhaustion of administrative remedies, as required under law. When Bruce failed to do so, the district court dismissed the case without prejudice. The appeals court affirmed the dismissal, noting that claims attacking confinement must first exhaust state remedies before proceeding in federal court, and that dismissal of the other claims was not an abuse of discretion.

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    of 2

    850 F.

    2d 688
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Robert L. BRUCE, Sr., Plaintiff-Appellant,
    v.
    COMMONWEALTH OF VIRGINIA; Virginia Correctional
    Department,
    Defendants- Appellees.
    No. 88-6548.

    United States Court of Appeals, Fourth Circuit.


    Submitted: April 21, 1988.
    Decided: June 21, 1988.

    Robert L. Bruce, Sr., appellant pro se.


    Before K.K. HALL, JAMES DICKSON PHILLIPS and WILKINSON,
    Circuit Judges.
    PER CURIAM:

    Virginia inmate Robert L. Bruce, Sr. filed a complaint in which he appeared to


    challenge conditions at Powhatan Correctional Center, his not having been
    given a permanent assignment at the Staunton Correctional Center, the
    calculation of his parole eligibility date and the determination that he is a
    recidivist under Virginia law. A magistrate continued the action for 90 days
    pending Bruce's demonstration of administrative exhaustion. 42 U.S.C. Sec.
    1997e. When Bruce failed to make the necessary demonstration, the district
    court dismissed the action without prejudice. Bruce appeals.

    To the extent that the complaint raises claims that attack the fact or length of

    confinement, we note that these claims sound in habeas corpus. See Preiser v.
    Rodriguez, 411 U.S. 475 (1973). Bruce first must exhaust state remedies before
    proceeding in federal court under 28 U.S.C. Sec. 2254.* See Strader v.
    Garrison, 571 F.2d 1263 (4th Cir.1978). As there has been no showing of
    exhaustion of state remedies, dismissal of these claims without prejudice was
    proper.
    3

    The dismissal of the 42 U.S.C. Sec. 1983 claims was not an abuse of the district
    court's discretion. Accordingly, we affirm the dismissal of those claims. As the
    dispositive issues recently have been decided authoritatively, we dispense with
    oral argument.

    AFFIRMED.

    42 U.S.C. Sec. 1997e specifically applies only to lawsuits brought pursuant to


    42 U.S.C. Sec. 1983

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