State v. Buress

How courts have described this case

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

• noting that where a plaintiff fails to exhaust administrative remedies, and the defect can be cured, dismissal without prejudice is proper
• noting that where a plaintiff has failed to exhaust administrative remedies, dismissal without prejudice is proper because the plaintiff can simply replead after he exhausts
• where a plaintiff fails to exhaust administrative remedies, and the defect can be cured, dismissal without prejudice is proper
• “We have no occasion to consider the exhaustion requirement in situations where only a brief interval elapses between the episode giving rise to the prisoner’s complaint and the prisoner’s transfer to the custody of another jurisdiction.”
• “Under these circumstances and in the absence of any justification for not pursuing available remedies, his failure to pursue administrative remedies while they were available precluded his federal lawsuits, and they were properly dismissed with prejudice.” (footnote omitted)
• finding dismissal with prejudice is proper in such circumstances

Source: CourtListener parenthetical corpus (CC0).