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Denial of Motion to Dismiss Not Appealable

Loaded on May 15, 2007

Filed under: PLRA, Administrative Exhaustion (PLRA), Appeals. Location: Wisconsin.

The United States Court of Appeals for the Seventh Circuit held that the denial of a motion to dismiss for failure to exhaust administrative remedies under the Prison Litigation Reform Act (PLRA) is an interlocutory order that is not subject to appeal.

In two separate actions, state prisoners brought suit …

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