Legal Opinion

Smeltzer v. Hook

District Court, W.D. Michigan

Decided August 29, 2002No. 4:02-cv-00137PublishedCited by 12 opinions

1Opinion of the Court

OPINION

MCKEAGUE, District Judge.

This is a civil rights action brought by a state prisoner pursuant to 42 U.S.C. § 1983. Under the Prison Litigation Reform Act, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (“PLRA”), “no action shall be brought with respect to prison conditions ... until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a). Because Plaintiff has failed to demonstrate exhaustion of available administrative remedies, the Court will dismiss his complaint without prejudice.

Discussion

I. Factual Allegations

Plaintiff is currently incarcerated in the Brooks…

2Cases cited26 opinions

  1. Preiser v. RodriguezSupreme Court of the United States · 1973
  2. Darryl McGore v. Gene L. Wrigglesworth, Chief Sheriff Richard Chinelli, Administrator Ingham County Sheriff's DepartmentCourt of Appeals for the Sixth Circuit · 1997
  3. Porter v. NussleSupreme Court of the United States · 2002
  4. Booth v. ChurnerSupreme Court of the United States · 2001
  5. Caminetti v. United StatesSupreme Court of the United States · 1917

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3Cited by12 opinions

  1. Jose Ortiz v. D. McBride Sgt. & R.O. Mara, Counselor of Arthur Kill Correctional FacilityCourt of Appeals for the Second Circuit · 2004
  2. Ross v. County of BernalilloCourt of Appeals for the Tenth Circuit · 2004
  3. Lamar William Jones Bey v. Kelly Johnson and Wayne TrierweilerCourt of Appeals for the Sixth Circuit · 2005
  4. Kimmet Lance Rinard v. Tim Luoma, WardenCourt of Appeals for the Sixth Circuit · 2006
  5. Scott v. GardnerDistrict Court, S.D. New York · 2003

7 more not listed; retrieve them via the Exa API.

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