Collins v. Foster

SMITH, Judge.

We shall here hold that the District Court may dismiss a claim for failure to exhaust administrative remedies.

The action arose when Charles Foster, an inmate of the Maryland Penitentiary, filed a claim in the District Court *330against the warden of that institution alleging a lack of dental treatment. Trial was scheduled for September 23, 1983. On September 16, 1983, the warden filed a motion to dismiss, asserting that the District Court was without jurisdiction because the inmate had failed to exhaust his administrative remedies under the Inmate Grievance Commission statute,…