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CASTANO v. NEBRASKA DEPT. OF CORRECTIONS

No. 99-3131.

201 F.3d 1023 (2000)

Raul A. CASTANO; Miguel Martinez; Pedro Sanchez; Pedro Retamoza; Gustavo G. Guzman; Juan F. Naverette; Hector Blanco; Santiago Felix; Cesar Gonzalez-Linares, on behalf of all Mexican Inmates of the Nebraska State Penitentiary, Appellants, v. NEBRASKA DEPARTMENT OF CORRECTIONS; Harold W. Clarke; Frank X. Hopkins, Warden of Nebraska State Penitentiary in his official capacity, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 8, 2000.

Attorney(s) appearing for the Case

Robert M. Slovek, Omaha, NE, argued (Jonathan Nash, Jr., on the brief), for appellant.

Therese James, Lincoln, NE, argued, for appellee.

Before McMILLIAN, BOWMAN, and LOKEN, Circuit Judges.

BOWMAN, Circuit Judge.

Plaintiffs, Spanish-speaking inmates of the Nebraska State Penitentiary, appeal an order of the District Court1 dismissing, without prejudice, their 42 U.S.C. § 1983 (Supp. III 1997) action for failure to exhaust administrative remedies prior to filing suit, a procedural step required by 42 U.S.C. § 1997e(a) (Supp. III 1997) in actions by prisoners "brought with respect to prison conditions under [§...

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