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cited 13× by 13 distinct cases ·
…a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
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Top citers, strongest first. 50 distinct citers.
discussed
Cited as authority (verbatim quote)
Kane v. Haynes
a prisoner's 16 concession to nonexhaustion is a valid ground for dismissal . . . .
discussed
Cited as authority (verbatim quote)
Michael Denton, V State Of Washington
if the district court concludes that the prisoner has not exhausted nonjudicial remedies, the proper remedy is dismissal of the claim without prejudice.
discussed
Cited as authority (verbatim quote)
Metropolitan Life Insurance Company v. Downes
taking judicial notice of 8 findings of fact from another case exceeds the limits of rule 201.
discussed
Cited as authority (verbatim quote)
(PC)Moore v. California Correctional Institution
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Ramirez v. Director All Hospital
a prisoner's 26 concession to nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
Blanscet v. Oregon Department of Corrections
if the district court concludes that the prisoner has not exhausted nonjudicial remedies, the proper remedy is dismissal of the claim without prejudice.
discussed
Cited as authority (verbatim quote)
(PC) Alcala v. Eaton
a prisoner's concession to nonexhaustion is a valid ground 23 for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Henderson v. United States
a prisoner's 7 concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Ramirez v. Perez
a prisoner's concession to 19 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) Ramirez v. California Department of Corrections & Rehabilitation
a prisoner's concession to 13 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) Moz-Aguilar v. Ciolli
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Henderson v. United States
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Pena v. United States
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Ramirez v. California Department of Corrections & Rehabilitation
a prisoner's concession to 10 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) Washington v. Newsome
a prisoner's concession to 21 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) Anderson v. Beregovskaya
a prisoner's concession to 3 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) Khademi v. Jimmanz
a prisoner's concession to 3 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) Steven Deon Turner, Jr. v. California Department of Corrections and Rehabiliation
a prisoner's concession to 7 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) Steven Deon Turner, Jr. v. California Department of Corrections and Rehabiliation
a prisoner's concession to 4 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) O'Brien v. Diaz
a prisoner's concession to 4 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC)Saiz v. Putnam
if the district court concludes that the prisoner has not exhausted nonjudicial remedies, the proper remedy is dismissal of the claim without prejudice.
discussed
Cited as authority (verbatim quote)
(PC) Burgess v. Newsom
a 6 prisoner's concession to nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) Daniels v. Baer
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Daniels v. Baer
a prisoner's concession to nonexhaustion is a 20 valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Moore v. Dodd
a prisoner's concession to nonexhaustion is a 8 valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Moore v. Dodd
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Fairchild-Littlefield v. Amezcua
a 5 prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) McDonald v. Phatal
a prisoner's concession to 6 nonexhaustion is a valid ground for dismissal....
discussed
Cited as authority (verbatim quote)
(PC) Johnson v. California Department of Corrections and Rehabilitation
a prisoner's concession to nonexhaustion is a 18 valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Fairchild-Littlefield v. Amezcua
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
Jones v. Sandoval
if the district court concludes that the prisoner has not exhausted nonjudicial 27 remedies, the proper remedy is dismissal of the claim without prejudice.
discussed
Cited as authority (verbatim quote)
(PC) Hammler v. State of California
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Hammler v. State of California
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PC) Johnson v. California Department of Corrections and Rehabilitation
a prisoner's concession to nonexhaustion is a valid ground for dismissal. . . .
discussed
Cited as authority (verbatim quote)
(PS) Meyers v. County of Sacramento
if the district court concludes that the prisoner has not exhausted nonjudicial remedies, 19 the proper remedy is dismissal of the claim without prejudice.
discussed
Cited as authority (verbatim quote)
(PC) Person v. Burton
a prisoner's 11 concession to nonexhaustion is a valid ground for dismissal
discussed
Cited as authority (verbatim quote)
(PC) Mixon, Jr. v. Tyson
if the district court concludes that the prisoner has not 20 exhausted nonjudicial remedies, the proper remedy is dismissal of the claim without prejudice.
discussed
Cited as authority (verbatim quote)
Adobe Systems Incorporated v. NA Tech Direct, Inc.
aking judicial notice of findings of fact from another 25 case exceeds the limits of rule 201.
discussed
Cited as authority (verbatim quote)
Mark P. Gansert v. Orange County, California
a prisoner's concession to nonexhaustion is a valid ground for dismissal, so long as no exception to exhaustion applies.
discussed
Cited as authority (verbatim quote)
Glen Scotti v. City of Phoenix
(2×)
also: Cited "see"
aking judicial notice of findings of fact from another case exceeds the limits of rule 201.
discussed
Cited as authority (verbatim quote)
Eriberto Penaloza v. Dr. Attygalla
(2×)
also: Cited as authority (rule)
in deciding a motion to dismiss for failure to exhaust nonjudicial remedies, the court may look beyond the pleadings and decide disputed issues of fact.
examined
Cited as authority (verbatim quote)
Javiad Akhtar v. J. Mesa
(3×)
also: Cited as authority (rule)
in deciding a motion ..., the court may look beyond the pleadings and decide disputed issues of fact.
discussed
Cited as authority (verbatim quote)
Mario Williams v. Peel
(2×)
also: Cited as authority (rule)
and "n deciding a motion to dismiss for failure to exhaust nonjudicial remedies, the court may look beyond the pleadings and decide disputed issues of fact.
discussed
Cited as authority (verbatim quote)
Davis v. California Department of Corrections & Rehabilitation
(2×)
also: Cited as authority (rule)
a prisoner's concession to nonexhaustion is a valid grounds for dismissal, so long as no exception to exhaustion applies.
discussed
Cited as authority (verbatim quote)
Patrick Nelson v. Murphy
(2×)
also: Cited as authority (rule)
a prisoner's concession to nonexhaustion is a valid ground for dismissal....
examined
Cited as authority (verbatim quote)
Leslie Bowden v. Christine Gregoire
(3×)
also: Cited as authority (rule), Cited "see"
a prisoner's concession to nonexhaustion is a valid ground for dismissal _
discussed
Cited as authority (verbatim quote)
Edward Thomas v. J. Wright
(2×)
also: Cited as authority (rule)
in deciding a motion to dismiss for failure to exhaust nonjudicial remedies, the court may look beyond the pleadings and decide disputed issues of fact.
examined
Cited as authority (verbatim quote)
Marcos Guillen v. Rocha
(3×)
also: Cited as authority (rule)
a prisoner's concession to nonexhaustion is a valid ground for dismissal, so long as no exception to exhaustion applies.
discussed
Cited as authority (verbatim quote)
Morris Rodgers v. Ruben Reynaga
(2×)
also: Cited as authority (rule)
in deciding a motion to dismiss for failure to exhaust nonjudicial remedies, the court may look beyond the pleadings and decide disputed issues of fact.
discussed
Cited as authority (verbatim quote)
John Barnhouse v. Eric Young
(2×)
also: Cited as authority (rule)
in deciding a motion to dismiss for failure to exhaust nonjudicial remedies, the court may look beyond the pleadings and decide disputed issues of fact.
Earl Wayne WYATT, Plaintiff-Appellant,
v.
Cal A. TERHUNE; Suzan Hubbard, Warden, Defendants-Appellees
v.
Cal A. TERHUNE; Suzan Hubbard, Warden, Defendants-Appellees
00-16568.
Court of Appeals for the Ninth Circuit.
Dec 31, 2002.
Earl Wayne Wyatt, lone, CA, Grace Won, Esq., Farella, Braun and Martel, San Francisco, CA, for Plaintiff-Appellant., Kathleen E. Gnekow, Esq., Paul A. Ber-nardino, Esq., Sacramento, CA, for Defendant-Appellee.
Bright, Fletcher, Fisher.
Cited by 3 opinions | Published
ORDER
The panel has voted to deny appellee’s petition for rehearing en banc, received October 8, 2002 and filed November 27, 2002.
The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed. RApp. P. 35.
The petition for rehearing en banc, received October 8, 2002 and filed November 27, 2002, is DENIED.
The opinion filed September 23, 2002, and published at 305 F.3d 1033 (9th Cir.2002), is WITHDRAWN.