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POZO v. McCAUGHTRY

No. 01-3623.

286 F.3d 1022 (2002)

Rodosvaldo POZO, Plaintiff-Appellee, v. Gary McCAUGHTRY, Randall Gerritson, and David Hautamaki, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided April 18, 2002.

Rehearing and Rehearing Denied May 13, 2002.

Attorney(s) appearing for the Case

Jerold S. Solovy, Stephen M. Geissler (argued), Jenner & Block, Chicago, IL, for Plaintiff-Appellee.

Jody J. Schmelzer (argued), Karla Z. Keckhaver, Office of the Atty. Gen., Wisconsin Dept. of Justice, Madison, WI, for Defendants-Appellants.

Before BAUER, EASTERBROOK, and WILLIAMS, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 13, 2002.

EASTERBROOK, Circuit Judge.

This interlocutory appeal, by permission under 28 U.S.C. § 1292(b), presents a single question: Whether a prisoner's neglect to take a timely administrative appeal within the state system means that he has failed to exhaust state remedies for purposes of 42 U.S.C. § 1997e(a). The district court, acting through a magistrate judge following consent under 28 U.S.C. §...

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