HEATH v. CLEARY

No. 81-5937.

708 F.2d 1376 (1983)

Robert George HEATH, Plaintiff-Appellant, v. James W. CLEARY, et al., Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided June 17, 1983.


Attorney(s) appearing for the Case

Robert George Heath, in pro per.

Vera Fisch, Deputy Atty. Gen., Los Angeles, Cal., for defendant-appellee.

Before FLETCHER and NELSON, Circuit Judges, and SOLOMON, Senior District Judge.


FLETCHER, Circuit Judge:

Robert Heath appeals from the district court's grant of defendants' motion for summary judgment. The district court held that Heath's civil rights action under 42 U.S.C. § 1983 (1976) was barred because Heath failed to exhaust administrative remedies and the issues Heath sought to litigate had previously been adjudicated in a state court proceeding. We note jurisdiction under 28 U.S.C. § 1291 (1976), and reverse.

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