Scribd Logo
Upload

Welcome to Scribd!

  • Larry Cash v. M.C. Samberg, Warden, Sgt. Brown, Investigator, J.E. Green, Lieutenant, Lt. Parker, 812 F.2d 1400, 4th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    6 views2 pages
    The 4th Circuit Court of Appeals affirmed the district court's dismissal without prejudice of Larry Cash's 42 U.S.C. § 1983 civil rights claim for failure to exhaust administrative remedies. The district court had continued the case for 90 days to allow Cash to exhaust remedies through the Virginia Inmate Grievance Procedures and directed Cash to update the court on the result within 100 days or face dismissal. When Cash failed to comply with this order, the district court dismissed the case without prejudice, which the 4th Circuit affirmed, finding the district court was within its discretion to require exhaustion of remedies under 42 U.S.C. § 1997 and dismiss for failure to comply with its order.

    Original Description:

    Filed: 1987-02-17 Precedential Status: Non-Precedential Citations: 812 F.2d 1400 Docket: 86-6807

    Copyright

    © Public Domain

    Available Formats

    PDF or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    Report this Document
    The 4th Circuit Court of Appeals affirmed the district court's dismissal without prejudice of Larry Cash's 42 U.S.C. § 1983 civil rights claim for failure to exhaust administrative remedies. The district court had continued the case for 90 days to allow Cash to exhaust remedies through the Virginia Inmate Grievance Procedures and directed Cash to update the court on the result within 100 days or face dismissal. When Cash failed to comply with this order, the district court dismissed the case without prejudice, which the 4th Circuit affirmed, finding the district court was within its discretion to require exhaustion of remedies under 42 U.S.C. § 1997 and dismiss for failure to comply with its order.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    6 views2 pages

    Larry Cash v. M.C. Samberg, Warden, Sgt. Brown, Investigator, J.E. Green, Lieutenant, Lt. Parker, 812 F.2d 1400, 4th Cir. (1987)

    Uploaded by

    Scribd Government Docs
    The 4th Circuit Court of Appeals affirmed the district court's dismissal without prejudice of Larry Cash's 42 U.S.C. § 1983 civil rights claim for failure to exhaust administrative remedies. The district court had continued the case for 90 days to allow Cash to exhaust remedies through the Virginia Inmate Grievance Procedures and directed Cash to update the court on the result within 100 days or face dismissal. When Cash failed to comply with this order, the district court dismissed the case without prejudice, which the 4th Circuit affirmed, finding the district court was within its discretion to require exhaustion of remedies under 42 U.S.C. § 1997 and dismiss for failure to comply with its order.

    Copyright:

    Public Domain
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    Download as pdf
    of 2

    812 F.

    2d 1400
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Larry CASH, Plaintiff-Appellant,
    v.
    M.C. SAMBERG, Warden, Sgt. Brown, Investigator, J.E.
    Green,
    Lieutenant, Lt. Parker, Defendants-Appellees.
    No. 86-6807.

    United States Court of Appeals, Fourth Circuit.


    Submitted Dec. 24, 1986.
    Decided Feb. 17, 1987.

    Appeal from the United States District Court for the Eastern District of
    Virginia, at Alexandria. Claude M. Hilton, District Judge. (C/A No. 86799-AM).
    Larry Cash, appellant pro se.
    Mary Sue Terry, Office of the Attorney General, for appellees.
    E.D.Va.
    AFFIRMED.
    Before HALL, CHAPMAN and WILKINS, Circuit Judges.
    PER CURIAM:

    Larry Cash appeals the district court order dismissing without prejudice this
    action brought under 42 U.S.C. Sec. 1983 for failure to exhaust administrative

    remedies. By order entered on July 14, 1986, the district court, acting pursuant
    to 42 U.S.C. Sec. 1997, continued the action for 90 days to permit Cash to
    exhaust his administrative remedies through the Virginia Inmate Grievance
    Procedures. It directed Cash to advise the court within 100 days of the result of
    the administrative proceedings and if he desired to reassert his claim before the
    court. It warned Cash that failure to so advise the court would result in
    dismissal of his case. The district court dismissed the case upon expiration of
    the 100 day period, Cash not having complied with its July 14 order.
    2

    The district court could properly require exhaustion of administrative remedies


    under 42 U.S.C. Sec. 1997. Its dismissal of Cash's action, without prejudice,
    when Cash failed to comply with its order that he establish exhaustion, was not
    an abuse of discretion. Therefore, we affirm the judgment below. We dispense
    with oral argument because the dispositive issues have recently been decided
    authoritatively.
    AFFIRMED

    You might also like