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GHANA v. HOLLAND

No. 97-7043.

226 F.3d 175 (2000)

Dr. Emory M. GHANA, Appellant, v. J.T. HOLLAND.

United States Court of Appeals, Third Circuit.

Filed: August 29, 2000.

Attorney(s) appearing for the Case

Stephen M. Latimer, (Argued), Loughlin & Latimer, Hackensack, NJ, Attorney for Appellant.

David M. Barasch, United States Attorney, David W. Ogden, Acting Assistant Attorney General, Anne K. Fiorenza, Office of United States Attorney, Harrisburg, PA, Barbara L. Herwig, Peter R. Maier, (Argued), United States Department of Justice Civil Division, Appellate Staff, Washington, DC, Attorneys for Appellee.

Before SLOVITER and MANSMANN, Circuit Judges, and WARD, District Judge.

OPINION OF THE COURT

SLOVITER, Circuit Judge.

Appellant Emory M. Ghana filed a Bivens action against the warden of the federal prison in which he was then housed claiming the warden had violated his First Amendment rights. The District Court dismissed the suit for failure to exhaust administrative remedies. This appeal requires us to decide whether the exhaustion requirement contained in § 803 of the Prison Litigation Reform Act ("PLRA") and...

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