Legal Opinion

Rodosvaldo Pozo v. Gary McCaughtry Randall Gerritson, and David Hautamaki

Court of Appeals for the Seventh Circuit

Decided May 13, 2002No. 01-3623PublishedCited by 2,573 opinions

1Opinion of the Court

EASTERBROOK, Circuit Judge.

This interlocutory appeal, by permission under 28 U.S.C. § 1292(b), presents a single question: Whether a prisoner’s neglect to take a timely administrative appeal within the state system means that he has failed to exhaust state remedies for purposes of 42 U.S.C. § 1997e(a). The district court, acting through a magistrate judge following consent under 28 U.S.C. § 636(c), answered “no.” The magistrate judge reasoned that a prisoner exhausts his state remedies by taking all steps that the state requires, whether or not the prisoner complies with the state’s rules for…

2Cases cited16 opinions

  1. Coleman v. ThompsonSupreme Court of the United States · 1991
  2. O'Sullivan v. BoerckelSupreme Court of the United States · 1999
  3. Porter v. NussleSupreme Court of the United States · 2002
  4. Booth v. ChurnerSupreme Court of the United States · 2001
  5. Engle v. IsaacSupreme Court of the United States · 1982

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

3Cited by2,573 opinions

  1. Woodford v. NgoSupreme Court of the United States · 2006
  2. Hill v. CurcioneCourt of Appeals for the Second Circuit · 2011
  3. Robert Spruill v. Frank Gillis Goolier, C.O. McGlaughlin M.D. Brown, P.ACourt of Appeals for the Third Circuit · 2004
  4. Pavey v. ConleyCourt of Appeals for the Seventh Circuit · 2008
  5. Bobby Ford v. Donald JohnsonCourt of Appeals for the Seventh Circuit · 2004

2,568 more not listed; retrieve them via the Exa API.

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