Legal Opinion
McKinney v. Carey
Court of Appeals for the Ninth Circuit
Decided December 5, 2002No. Nos. 01-17436, 01-56627PublishedCited by 613 opinions
1Opinion of the Court
OPINION
2Per curiam
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…
3Cases cited12 opinions
- United Mine Workers of America v. GibbsSupreme Court of the United States · 1966
- Porter v. NussleSupreme Court of the United States · 2002
- Booth v. ChurnerSupreme Court of the United States · 2001
- McCarthy v. MadiganSupreme Court of the United States · 1992
- Eduardo M. Perez v. Wisconsin Department of Corrections and Michael J. SullivanCourt of Appeals for the Seventh Circuit · 1999
7 more not listed; retrieve them via the Exa API.
4Cited by613 opinions
- Javiad Akhtar v. J. MesaCourt of Appeals for the Ninth Circuit · 2012
- Rhodes v. RobinsonCourt of Appeals for the Ninth Circuit · 2010
- Lira v. HerreraCourt of Appeals for the Ninth Circuit · 2005
- Brown v. ValoffCourt of Appeals for the Ninth Circuit · 2005
- Mitchell v. DodrillDistrict Court, M.D. Pennsylvania · 2010
608 more not listed; retrieve them via the Exa API.