Dinkins v. Lara

Summary

**Summary:** In this unpublished Bivens action, a federal prisoner appealed summary judgment for failure to exhaust administrative remedies regarding inadequate medical care for diabetes and other prison conditions. The Fifth Circuit affirmed, holding that the prisoner's conclusory claim that officials impeded grievances lacked evidence, and that the district court properly reviewed untimely objections and declined to appoint counsel absent exceptional circumstances. Key topics: Bivens, exhaustion of administrative remedies (28 C.F.R. §§ 542.13, 542.14(a), 542.15(a),(b)), summary judgment, prison medical care, appointment of counsel.

Holdings

1. The district court did not err in granting summary judgment for failure to exhaust administrative remedies.
2. The district court reviewed the objections and found them without merit, so no error.
3. The district court did not abuse its discretion in denying appointment of counsel because no exceptional circumstances were present.

Questions Presented

1. Whether the district court erred in granting summary judgment for failure to exhaust administrative remedies.
2. Whether the district court erred in not reviewing Dinkins's objections to the magistrate judge's report.
3. Whether the district court erred in denying motions to appoint counsel.

Disposition

affirmed