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Appeal from the United States District Court for the Eastern District of Texas

This case returns to us for rehearing and renews the question whether the district court properly dismissed, for failure to exhaust prison grievance remedies, the appellant’s � 1983 claim against a prison nurse.

In Booth v. Churner, ____ U.S. ____, 121 S.Ct. 1819 (2001), the Supreme Court held that Congress intended a prisoner to invoke “such administrative remedies as are available” in the prison, without regard to whether the grievance procedure affords money damage relief, before he may file suit contesting prison conditions in federal court. 42 U.S.C. � 1997e(a) (West Supp. 1999). Before Booth was decided, the instant case had been voted en banc to reconsider such of our decision as Whitley v. Hunt, 158 F.3d 882 (5th Cir. 1998), that did not mandate exhaustion. After Booth, this case was remanded from en banc court to the original panel because the Supreme Court’s decision effectively overruled Whitley.

 
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