Topic: this process is analogous to judgment on the pleadings unde… · Go Syfert
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Topic #2116

8 canonical passages across 5 cases, quoted by 137 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 Turner v. Burnside.

#Case FlagCanonical passage Citers
1 Turner v. Burnside Anchor
ca11 · 2008
green “this process is analogous to judgment on the pleadings under federal rule of civil procedure 12(c).” 22
2 JerMichael Pearson v. Warden Cedric Taylor
ca11 · 2016
green “at the second step, the court is permitted to make factual findings to resolve the issue of exhaustion.” 22
3 William A. White v. William Berger, Sr.
ca11 · 2017
green “a district court may properly consider facts outside of the pleadings to resolve a factual dispute regarding exhaustion where the factual dispute does not decide the merits and the parties have a sufficient opportunity to develop the record.” 22
4 Turner v. Burnside
ca11 · 2008
green “if the complaint is not subject to dismissal at the first step, where the plaintiff's allegations are assumed to be true, the court then proceeds to make specific findings in order to resolve the disputed factual issues related to exhaustion.” 16
5 Shawn Wayne Whatley v. Warden, Ware State Prison
ca11 · 2015
green “afford corrections officials time and opportunity to address complaints internally before allowing the initiation of a federal case.” 16
6 Shawn Wayne Whatley v. Warden, Ware State Prison
ca11 · 2015
green “based on those findings, defendants have shown a failure to exhaust.” 13
7 Shawn Wayne Whatley v. Warden, Ware State Prison
ca11 · 2015
green “the court should dismiss the action if the facts as stated by the prisoner show a failure to exhaust.” 13
8 Perttu v. Richards
scotus · 2025
green “intertwined with the merits of a claim protected by the seventh amendment,” 13

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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