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ENLOW v. MOORE

No. 96-5252.

134 F.3d 993 (1998)

Ronnie ENLOW, Plaintiff-Appellant, v. Patrick MOORE, Defendant-Appellee.

United States Court of Appeals, Tenth Circuit.

January 20, 1998.

Attorney(s) appearing for the Case

John M. Young, Sapulpa, OK, for Plaintiff-Appellant.

David A. Mullon Jr. (Jessie Huff Durham with him on the brief), Okmulgee, OK, for Defendant-Appellee.

Before BALDOCK and HOLLOWAY, Circuit Judges, and BROWN, District Judge.

BALDOCK, Circuit Judge.

Plaintiff Ronnie Enlow appeals an order of the district court dismissing his petition for a writ of prohibition without prejudice for failure to exhaust tribal remedies. Our jurisdiction arises under 28 U.S.C. § 1291. We review a dismissal for failure to exhaust only for an abuse of discretion. Texaco, Inc. v. Zah, 5 F.3d 1374, 1376 (10th Cir.1993). The proper scope of the tribal exhaustion rule...

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