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· 9/12/2008

Pavey v. Conley

Citations

  • 544 F.3d 739
  • 2008 WL 4191353

How courts have described this case

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

  • holding that, where exhaustion is contested, the court must first determine whether the plaintiff exhausted his administrative remedies before addressing the merits of the case
  • holding that, where exhaustion is contested, the court must first determine whether the plaintiff exhausted his administrative remedies before addressing the merits of the case
  • concluding that a case should not proceed to pretrial discovery until the PLRA exhaustion is resolved by the district court judge
  • holding that, where exhaustion is contested, the court must first determine whether the plaintiff exhausted his administrative remedies before addressing the merits of the case
  • holding that disputed factual questions on exhaustion must be resolved by the district court judge after conducting a hearing
  • holding that prisoner not entitled to a jury trial on contested issues regarding his failure to exhaust; instead, a hearing before the district court suffices to resolve any such questions

Source: CourtListener parenthetical corpus (CC0).

Judges: Posner, Ripple, Manion

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.