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UNITED STATES EX REL. RICKETTS v. LIGHTCAP

No. 76-1841.

567 F.2d 1226 (1977)

UNITED STATES of America ex rel. RICKETTS, Wilbert, Sr., Appellant, v. LIGHTCAP, James L., State Agent at S.C.I.D. Mail Room and Jeffes, Glen R. and Staff at S.C.I.D. and Bureau of Corrections, et al., Appellees.

United States Court of Appeals, Third Circuit.

Decided December 14, 1977.

Attorney(s) appearing for the Case

George E. Rahn, Jr., James D. Crawford, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellant.

Michael H. Garrety, J. Andrew Smyser, Deputy Attys. Gen., Robert P. Kane, Atty. Gen., for appellees.

Before ADAMS, VAN DUSEN and HUNTER, Circuit Judges.

JAMES HUNTER, III, Circuit Judge:

This appeal raises the question whether a state prisoner must exhaust state administrative remedies before bringing an action under 42 U.S.C. § 1983 in federal court for deprivation of his constitutional rights. The District Court for the Middle District of Pennsylvania dismissed the prisoner's pro se complaint under F.R.Civ.P. 12(b) for failure to exhaust such remedies. Since...

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