Kovach v. Sevi et al
Michael Kovach |
Co. I. Sevi, Burnedette Mason, John Kerestes and Tony Ianuzzo |
3:2013cv01099 |
April 25, 2013 |
US District Court for the Middle District of Pennsylvania |
Scranton Office |
Schuylkill |
JV |
Richard P. Conaboy |
Prisoner: Civil Rights |
42 U.S.C. ยง 1983 Prisoner Civil Rights |
Plaintiff |
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Filing 47 MEMORANDUM (Order to follow as separate docket entry). Furthermore, since Kovach has not made any viable showing that he should be excused from compliance with the exhaustion requirement, entry of dismissal on the basis of non-exhaustion with respe ct to the surviving claims is appropriate. To hold otherwise, would clearly undermine the intent of the exhaustion requirement to afford correctional administrators the initial opportunity to discover and correct their own errors. See Nyhuis v. Reno, 204 F.3d 65, 75 (3d Cir. 2000). Remaining Defendants unopposed motion to dismiss will be granted. An appropriate Order will enter re 32 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Signed by Honorable Richard P. Conaboy on 8/25/14. (cc) |
Filing 45 MEMORANDUM (Order to follow as separate docket entry) the moving Defendant's unopposed motion to dismiss will be granted. (See Memorandum) re 33 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM re: Amended Complaint > filed by Tony Ianuzzo Signed by Honorable Richard P. Conaboy on 8/7/14. (cc) |
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