(DOWNLOAD) "Mckinney v. Carey" by Ninth Circuit U.S. Court of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Mckinney v. Carey
- Author : Ninth Circuit U.S. Court of Appeals
- Release Date : January 05, 2002
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
[1] These appeals, which have been consolidated for purposes of this opinion, present the issue of whether a district court must dismiss an action involving prison conditions when the plaintiff did not exhaust his administrative remedies prior to filing suit but is in the process of doing so when a motion to dismiss is filed. In each of these cases, the district court held that it was required by 42 U.S.C. § 1997e(a) to dismiss the complaint without prejudice under these circumstances; the appellant insists that the court should have entered a stay that would have provided an opportunity for exhaustion. The issue thus posed is one of first impression in our court. We join eight other courts of appeals in holding that dismissal is required under 42 U.S.C. § 1997e(a).