RAY v. KERTES

No. 99-3446.

285 F.3d 287 (2002)

Frederick T. RAY, v. C.O. KERTES; C.O. Stolz; C.O. Reed; C.O. Rogers; Lt. Nash; Lt. Hicks; Lt. A. Smith; Capt. Almanshifer; R. Norris; Tim Launtz, Frederick Ray, Appellant.

United States Court of Appeals, Third Circuit.

Filed April 3, 2002.


Attorney(s) appearing for the Case

Jon Romberg, Craig T. Moran (Argued), John P. Campbell (Argued), Seton Hall Law School, Newark, NJ, Attorneys for Appellant.

D. Michael Fisher, Attorney General, J. Bart DeLone (Argued), Deputy Attorney General, Calvin R. Koons, Senior Deputy Attorney General, John G. Knorr, III, Chief Deputy Attorney General, Chief, Appellate Litigation Section, Office of Attorney General, Appellate Litigation Section, Harrisburg, PA, Attorneys for the Commonwealth of Pennsylvania as Amicus Curiae.

Before SLOVITER, NYGAARD and McKEE, Circuit Judges.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

Frederick Ray, a former inmate in the Pennsylvania state prison system, appeals from the order of the District Court dismissing sua sponte Ray's complaint against prison officials filed pursuant to 42 U.S.C. § 1983 (2001).1 The District Court dismissed Ray's complaint based on its determination that Ray had not "demonstrated" that he had exhausted his administrative remedies...

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