· 12/23/2003
Joey L. Mitchell v. Glenn Chapman
Citations
- 343 F.3d 811
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- decision on merits signifies “death knell” of litigation, permanently foreclosing party from further advancing claim or defense
- “Simply, the party is unable to rewind the clock, fulfill the condition/file the action within the requisite time period, and proceed to an adjudication of his or her claim.”
- “It is well-settled that the ninety day right to sue provision is an administrative condition precedent, rather than a jurisdictional prerequisite. Consequently, the court should dismiss the action pursuant to Rule 12(b)(6
- “Where the plaintiff files suit prior to receiving the right to sue letter, the district court is compelled to dismiss the premature action for failure to exhaust administrative remedies.”
- em-dash 10 “introduces related provisions”
Source: CourtListener parenthetical corpus (CC0).
Judges: Gilman, Gibbons, Economus
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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