Walker v. Page

ORDER

G. Daniel Walker contends in this action under 42 U.S.C. § 1983 that five Illinois prison officials violated his constitutional rights by failing to ship over 2,800 pounds of property, which includes some legal materials, to a California prison where he is presently in custody. The district court dismissed the suit without prejudice under Federal Rule of Civil Procedure 12(b)(6), concluding that Walker had failed to exhaust his administrative remedies, 42 U.S.C. § 1997e(a). Because the defendants have abandoned their reliance on the exhaustion ground — which cannot be resolved on the…