Snider v. Melindez, No. 97-2803 (2nd Cir.) (199 F.3d 108) (December 8, 1999) (Judge Pierre N. Leval)
In this case, a prisoner's § 1983 complaint was sua sponte dismissed without prejudice for failure to exhaust his administrative remedies. The prisoner was not afforded notice or an opportunity to be heard. (Id., at 109). The Court concluded, "the district court's sole basis for concluding that administrative remedies were ...
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