Topic: is treated as a matter of abatement and not an adjudication… · Go Syfert
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Topic #1577

10 canonical passages across 8 cases, quoted by 176 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Bryant v. Rich.

#Case FlagCanonical passage Citers
1 Bryant v. Rich Anchor
ca11 · 2007
green “is treated as a matter of abatement and not an adjudication on the merits, it is proper for a judge to consider facts outside the pleadings and to resolve factual disputes so long as the factual disputes do not decide the merits and the parties have sufficient opportunity to dev…” 36
2 Israel Santiago-Lugo v. Warden
ca11 · 2015
green “that does not mean that courts may disregard a failure to exhaust and grant relief on the merits if the respondent properly asserts the defense.” 32
3 Higginbottom v. Gardner
ca11 · 2000
green “it is not the role of the court to consider the adequacy or futility of the administrative remedies afforded to the inmate” 22
4 Lonnie Bernard Davis v. Warden, FCC Coleman - USP I
ca11 · 2016
green “topple over administrative decisions unless the administrative body not only has erred, but has erred against objection made at the time appropriate under its practice.” 22
5 Fuller v. Rich
ca5 · 1994
green “bear the burden of demonstrating the futility of administrative review” 15
6 Orlando Samuel McKeithen v. Cathy Jackson
ca11 · 2015
green “the filing of a civil suit without properly exhausting all available administrative remedies is a procedural misstep that is fatal to the underlying case.” 14
7 Israel Santiago-Lugo v. Warden
ca11 · 2015
green “disregard a failure to exhaust and grant relief on the merits if the respondent properly asserts the defense.” 11
8 Arsenio Leal v. Georgia Department of Corr.
ca11 · 2001
green “until such administrative remedies as are available are exhausted,' a prisoner is precluded from filing suit in federal court.” 10
9 United States v. Christopher Hugh Lucas
ca11 · 1990
green “has established regulations governing formal review of inmate complaints relating to any aspect of imprisonment” 8

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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