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JOHNSON v. JONES

Nos. 02-3775, 02-3983.

340 F.3d 624 (2003)

T.W. JOHNSON, Appellee, v. Natalie JONES, Correctional Officer, East Arkansas Regional Unit, ADC; Patricia Stokes, Correctional Officer, East Arkansas Regional Unit, ADC; Jamaal Davenport, Correctional Officer, EARU, ADC (Originally sued as Davenport), Appellants. James Charles Fudge, Appellee, v. Larry Norris, Director, Arkansas Department of Correction; Ray Hobbs, Assistant Deputy Director, Arkansas Department of Correction; R.L. Toney, Warden, Varner Unit, ADC; James Banks, Assistant Warden, Varner Unit, ADC; S. O'Neal, Mr., Captain, Varner Super Max, ADC, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: August 21, 2003.

Attorney(s) appearing for the Case

Eric Fitzgerald Walker, argued, Little Rock, AK (Mark Pryor, Ryan P. Blue, on the brief), for appellants.

Craig Lambert, Little Rock, AK, argued, for appellees.

Before MELLOY, BEAM, and SMITH, Circuit Judges.

BEAM, Circuit Judge.

In these cases, we decide whether, under 42 U.S.C. § 1997e(a), an inmate's complaint must be dismissed when the inmate fails to exhaust all administrative remedies prior to filing suit, but exhaustion is completed at the time the district court renders its opinion on a motion to dismiss. We affirm the district courts'1 refusal to dismiss in each instance.

I. BACKGROUND

In 2001, Appellees Johnson...

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