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First Circuit Applies Mailbox Rule to § 1983 Complaints

Loaded on Jan. 15, 2004 published in Prison Legal News January, 2004, page 24
Filed under: Injury -- Misc., Administrative Exhaustion (PLRA), Guard Brutality/Beatings, Civil Procedure, Defenses, Parties, Appeals, Limitations, Filing Fees. Location: Massachusetts.
by Matthew T. Clarke


The First Circuit has held that the
PLRA's exhaustion of remedies requirement is an affirmative defense, not jurisdictional, and failure to include proof of exhaustion of state remedies will not support sua sponte dismissal. The court also applied the mailbox rule to §1983 complaints and stated …

 

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