Summary Calendar MICHAEL DMARLIN v. Jyoung; Smarler; Kedenfield; Associate Warden McMeal; Scarlet Lusk; Tvoicene; Smillion

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion
should not be published and is not precedent except under the limited
circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
No. 06-30663
Summary Calendar
MICHAEL D MARLIN
Plaintiff-Appellant
v.
J YOUNG; S MARLER; K EDENFIELD; ASSOCIATE WARDEN MCMEAL;
SCARLET LUSK; T VOICENE; S MILLION
Defendants-Appellees
Appeal from the United States District Court
for the Western District of Louisiana
USDC No. 2:05-CV-2172
Before KING, DAVIS and CLEMENT, Circuit Judges.
PER CURIAM:*
Michael D. Marlin, federal prisoner # 08387-003, appeals the district
court’s dismissal without prejudice of his Bivens v. Six Unknown Named Agents
of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), complaint for failure to exhaust
administrative remedies. The district court based its decision on Marlin’s
complaint. Marlin argues that he fulfilled the exhaustion requirement.
United States Court of Appeals
Fifth Circuit
F I L E D
August 8, 2007
Charles R. Fulbruge III
Clerk

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No. 06-30663
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After the district court’s decision, the Supreme Court held “that failure to
exhaust is an affirmative defense under the [Prison Litigation Reform Act], and
that inmates are not required to specially plead or demonstrate exhaustion in
their complaints.” Jones v. Bock, 127 S. Ct. 910, 921 (2007). Under Jones, the
district court erred by dismissing the case because Marlin did not demonstrate
in his pleadings that he had exhausted his claims.
Accordingly, the district court’s judgment is vacated, and the case is
remanded for further proceedings.
VACATED AND REMANDED.

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