UNITED STATES COURT OF APPEALS

TENTH CIRCUIT

EZEKIEL DAVIS,

Plaintiff - Appellant,

v.

MIKE MULLIN, Warden; ROBERT BERRY, Unit Manager; DEPARTMENT OF CORRECTIONS,

Defendants - Appellees.

No. 04-7087

(	D.C. No. CV-03-248-WH)

(E.D. Okla.)

ORDER AND JUDGMENT*

Before KELLY, O'BRIEN, and TYMKOVICH, Circuit Judges.**

Plaintiff-Appellant Ezekiel Davis, an Oklahoma inmate proceeding pro se, appeals the dismissal of his suit under 42 U.S.C. § 1983 for monetary damages and injunctive relief arising from alleged constitutional violations occurring during his incarceration. The district court granted summary judgment to the defendants on the grounds that Mr. Davis had failed to exhaust his administrative remedies. Our jurisdiction arises under 28 U.S.C. § 1291, and we affirm.

The parties are familiar with the facts, and we need not restate them here. Having reviewed the matter de novo and for substantially the same reasons iterated in the district court's order dismissing Mr. Davis's suit, we AFFIRM. Mr. Davis has clearly failed to demonstrate the exhaustion of administrative remedies mandated by 42 U.S.C. § 1997e(a) or complete exhaustion where he did file a grievance. See Jernigan v. Stuchell, 304 F.3d 1030, 1032 (10th Cir. 2002) (requiring complete exhaustion).

Entered for the Court

Paul J. Kelly, Jr.

Circuit Judge