What are the reasons for dismissing a motion for failure to exhaust?
MultiRegion, United States of America
The following excerpt is from Neal v. Goord, 2001 WL 1178293, 267 F.3d 116 (2nd Cir. 2000):
discretion not to dismiss). But see Williams v. Norris, 176 F.3d 1089, 1090 (8th Cir. 1999) (per curiam) (reversing district court's dismissal for failure to exhaust where "the record demonstrate[d] that [plaintiff's] grievance had been denied... at the time the court ruled").
2. Reasons for Dismissal
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