Gallagher v. Shelton
Court of Appeals for the Tenth Circuit
1Opinion of the Court
BRISCOE, Circuit Judge.
Plaintiff Michael P. Gallagher, an inmate in the custody of the Kansas Department of Corrections appearing pro se, appeals the district court’s dismissal of his 42 U.S.C. § 1983 action. The district court dismissed Gallagher’s amended complaint for failure to exhaust administrative remedies and for failure to state a claim. We have jurisdiction pursuant to 28 U.S.C. § 1291, and we affirm the dismissal of Counts I, II, and III of Gallagher’s complaint. We also affirm the dismissal of Gallagher’s claims on Counts IV and V, but we remand with directions to vacate the…
2Cases cited25 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Jones v. BockSupreme Court of the United States · 2007
- Kay v. BemisCourt of Appeals for the Tenth Circuit · 2007
- Garrett v. Selby Connor Maddux & JanerCourt of Appeals for the Tenth Circuit · 2005
- Martinez v. AaronCourt of Appeals for the Tenth Circuit · 1978
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3Cited by838 opinions
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- Requena v. RobertsCourt of Appeals for the Tenth Circuit · 2018
- Brandon v. KinterCourt of Appeals for the Second Circuit · 2019
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