Legal Opinion

Gilbert Ray Francis v. Joseph Marquez, Executive Officer, California Correctional Institution

Court of Appeals for the Ninth Circuit

Decided August 28, 1984No. 83-2142PublishedCited by 3 opinions

1Opinion of the Court

BOOCHEVER, Circuit Judge:

This is an appeal by a prison inmate from the district court’s dismissal of his purported section 1983 action because of his alleged failure to exhaust administrative remedies. Because we believe that the district court failed to comply with the requirements of 42 U.S.C. § 1997e(a)(l) regarding exhaustion of administrative remedies in section 1983 actions, we reverse the dismissal.

Gilbert Ray Francis, an inmate at the men’s correctional facility at Tehachapi, California, brought an action against the warden of that facility alleging violations of due process rights.…

2Cases cited2 opinions

  1. Philip Charles Kellotat v. Hoyt C. Cupp, Superintendent, Oregon State Penitentiary the Attorney General of the State of Oregon, David FrohnmayerCourt of Appeals for the Ninth Circuit · 1983
  2. In Re DavisCalifornia Supreme Court · 1979

3Cited by3 opinions

  1. Morgan v. Arizona Department of CorrectionsDistrict Court, D. Arizona · 1997
  2. Bumgarden v. Wackenhut Corrections Corp.Louisiana Court of Appeal · 1994
  3. Curtis Ivan James v. Officer Layton Officer Zuniga Sgt. Scott Jail CommanderCourt of Appeals for the Ninth Circuit · 1997

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