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Wyatt v. Terhune

United States Court of Appeals, Ninth Circuit
Dec 31, 2002
315 F.3d 1108 (9th Cir. 2002)

Summary

finding the defendants' evidence inadequate where affidavit describing inmate appeals process does not state whether the plaintiff exhausted his appeals and there was "no evidence in the record establishing that the 'Appeal Record' is what defendants say it is"

Summary of this case from Amaro v. Arpaio

Opinion

No. 00-16568.

December 31, 2002.

Earl Wayne Wyatt, Ione, CA, Grace Won, Esq., Farella, Braun and Martel, San Francisco, CA, for Plaintiff-Appellant.

Kathleen E. Gnekow, Esq., Paul A. Bernardino, Esq., Sacramento, CA, for Defendant-Appellee.

Before BRIGHT, B. FLETCHER and FISHER, Circuit Judges.

The Honorable Myron H. Bright, Senior Circuit Judge, United States Court of Appeals for the Eighth Circuit, sitting by designation.


ORDER

The panel has voted to deny appellee's petition for rehearing en banc, received October 8, 2002 and filed November 27, 2002.

The full court has been advised of the suggestion for rehearing en banc and no judge of the court has requested a vote on whether to rehear the matter en banc. Fed.R.App.P. 35.

The petition for rehearing en banc, received October 8, 2002 and filed November 27, 2002, is DENIED.

The opinion filed September 23, 2002, and published at 305 F.3d 1033 (9th Cir. 2002), is WITHDRAWN.


Summaries of

Wyatt v. Terhune

United States Court of Appeals, Ninth Circuit
Dec 31, 2002
315 F.3d 1108 (9th Cir. 2002)

finding the defendants' evidence inadequate where affidavit describing inmate appeals process does not state whether the plaintiff exhausted his appeals and there was "no evidence in the record establishing that the 'Appeal Record' is what defendants say it is"

Summary of this case from Amaro v. Arpaio

In Wyatt, the court stated that district courts should look to documentation beyond the pleadings in deciding motions to dismiss for failure to exhaust nonjudicial remedies.

Summary of this case from Ibanez v. Garza

In Wyatt, the court stated that district courts should look to documentation beyond the pleadings in deciding motions to dismiss for failure to exhaust nonjudicial remedies.

Summary of this case from Magana v. Giurbino
Case details for

Wyatt v. Terhune

Case Details

Full title:Earl Wayne WYATT, Plaintiff-Appellant, v. Cal A. TERHUNE; Suzan Hubbard…

Court:United States Court of Appeals, Ninth Circuit

Date published: Dec 31, 2002

Citations

315 F.3d 1108 (9th Cir. 2002)

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