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Failure to Exhaust Differs from Failure to State Claim under PLRA
The court rejects the proposition that failure to exhaust administrative
remedies is a strike under the PLRA. At 965-66 (footnotes omitted):
. . . [T]he PLRA does not use "failure to state a claim" and "failure to
exhaust administrative remedies" interchangeably. Nor is there any
evidence of confusion between these ...
remedies is a strike under the PLRA. At 965-66 (footnotes omitted):
. . . [T]he PLRA does not use "failure to state a claim" and "failure to
exhaust administrative remedies" interchangeably. Nor is there any
evidence of confusion between these ...
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