Ordinarily dismissal without prejudice is not appealable. However, a litigant who does not attempt to avail himself of the administrative process but instead files an appeal arguing that exhaustion would be futile effectively stands on his original complaint and the court therefore has appellate jurisdiction. See: Ghana v. Holland, 226 F.3d 175 (3d Cir. 2000).
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Related legal case
Ghana v. Holland
|Cite||226 F.3d 175 (3d Cir. 2000)|
|Level||Court of Appeals|