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Underwood v. Wilson, No. 97-40536 (5th Cir.) (151 F.3d 292) (August 14, 1998) (Per Curiam)

Here, the Fifth Circuit held that the administrative exhaustion provision of 42 U.S.S. § 1997e(a) does not impose exhaustion of administrative remedies as a prerequisite to jurisdiction - a position also adopted by the 6th, 7th and 9th Circuits.

In this case the district court dismissed the plaintiff's § 1983 ...

 

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