Opinion

Brown v. Morgan

Court
Court of Appeals for the Sixth Circuit
Filed
Apr 7, 2000
Status
Published
Cited by
0 cases
Authority
More cited than 39.0%

The opinion

RECOMMENDED FOR FULL-TEXT PUBLICATION

Pursuant to Sixth Circuit Rule 206

ELECTRONIC CITATION: 2000 FED App. 0127P (6th Cir.)

File Name: 00a0127p.06

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

_________________

;



ROGER ANTHONY BROWN,



Plaintiff-Appellant,





No. 99-5457

v.



>

JAMES MORGAN, Warden; 





JAMES B. MITCHELL; DOUG

Defendants-Appellees. 

SAPP,



1

Appeal from the United States District Court

for the Eastern District of Kentucky at Lexington.

No. 98-00492—Karl S. Forester, District Judge.

Submitted: February 3, 2000

Decided and Filed: April 7, 2000

Before: MERRITT and MOORE, Circuit Judges;

HEYBURN, District Judge.*

*

The Honorable John G. Heyburn II, United States District Judge for

the Western District of Kentucky, sitting by designation.

1

2 Brown v. Morgan, et al. No. 99-5457 No. 99-5457 Brown v. Morgan, et al. 3

_________________ unambiguously requires exhaustion as a mandatory threshold

requirement in prison litigation. Prisoners are therefore

COUNSEL prevented from bringing suit in federal court for the period of

time required to exhaust “such administrative remedies as are

ON BRIEF: Roger Anthony Brown, West Liberty, available.” For this reason, the statute of limitations which

Kentucky, pro se. applied to Brown’s civil rights action was tolled for the period

during which his available state remedies were being

_________________ exhausted. See Harris v. Hegmann, 198 F.3d 153, 157-59

(5th Cir. 1999) (per curiam); Cooper v. Nielson, 194 F.3d

OPINION 1316, 1999 WL 719514 (9th Cir. (Cal.)).

_________________

In the case before us, it is not clear when the period of

MERRITT, Circuit Judge. This appeal arises from pro se exhaustion expired. In order to properly determine the last

Kentucky prisoner Roger Anthony Brown’s civil rights suit possible date on which Brown could file his complaint, it is

against prison officials for allegedly denying him access to the necessary to determine the period of time during which the

courts. The District Court dismissed his civil rights suit as limitations period was tolled in order for Brown to pursue his

frivolous for failure to comply with the statute of limitations administrative remedies. Therefore, we REVERSE the

pursuant to 28 U.S.C. § 1915A. The case has been referred to District Court’s dismissal and REMAND in order that the

this panel pursuant to Rule 34(j)(1), Rules of the Sixth District Court may consider and decide the period during

Circuit. We unanimously agree that oral argument is not which the statute of limitations was tolled and for such other

needed. See Fed. R. App. P. 34(a). proceedings as may be necessary.

Brown, proceeding in forma pauperis, claimed in a

complaint dated November 30, 1998, that several Kentucky

corrections officials denied him access to the courts by

denying him access to legal books and legal aides. The

District Court dismissed Brown’s suit, concluding that it was

barred by Kentucky’s one-year statute of limitations. In his

timely appeal, Brown argues that the district court erred by

dismissing his suit as barred by the statute of limitations. The

defendants have not been served. We review de novo a

judgment dismissing a suit as frivolous under § 1915A. See

McGore v. Wrigglesworth, 114 F.3d 601, 604 (6th Cir. 1997).

The Prison Litigation Reform Act amended 42 U.S.C.

§ 1997e to provide: “No action shall be brought with respect

to prison conditions under section 1983 of this title, or any

other Federal law, by a prisoner confined in any jail, prison,

or other correctional facility until such administrative

remedies as are available are exhausted.” 42 U.S.C.

§ 1997e(a) (1999) (emphasis added). This language

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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