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· 10/30/2001

Anthony McCoy v. James R. Gilbert, Frederick H. Aper, David Poggemoeller, Herman S. Nelson and Robert Zachary

Citations

  • 270 F.3d 503
  • 2001 U.S. App. LEXIS 23229
  • 2001 WL 1329099

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that plaintiff failed to exhaust his administrative remedies because he “had the opportunity to exhaust, but he simply chose not to”
  • holding that plaintiff failed to exhaust his administrative remedies because he “had the opportunity to exhaust, but he simply chose not to”
  • stating that the court must consider “whether the institution has an internal administrative process . . .”
  • noting that the Landgraf factors must be applied because “almost every new statute results in some perceptible effect or impact on countless past or pre-existing choices, decisions, and interests of the actors and subjects in the newly-regulated field”
  • affirming district court’s sua sponte dismissal without prejudice of claims against all defendants after a single defendant established that plaintiff had failed to exhaust the administrative remedies
  • because prison “had the authority to take some sort of action with respect to a tardy complaint,” the prisoner had to make “an attempt to use [the prison’s] administrative process”

Source: CourtListener parenthetical corpus (CC0).

Judges: Coffey, Kanne, Evans

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.