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Tag Archives: PLRA

10-2745 Hurst v. Hantke

Civil Rights PLRA; exhaustion A state prison’s administrative remedy must actually be available to prisoners, in order for them to be required to use it before filing suit under the PLRA. “But when the plaintiff sued, and the defendants moved for summary judgment, it behooved him to present evidence to support his contention that he had indeed exhausted his available ...

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10-2353 Taylor v. Watkins

Civil Procedure PLRA; in forma pauperis; three-strikes rule Where a prisoner subject to the three-strikes makes only conclusory allegations of imminent danger, he cannot proceed in forma pauperis. “Under Ciarpaglini, a court considering a motion to proceed IFP should not attempt to evaluate the seriousness of a plaintiff’s claims. But it has never been the rule that courts must blindly ...

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