United States Tenth Circuit

In the context of prisoner Bivens complaints, only in rare cases will a district court be able to conclude from the face of a complaint that a prisoner has not exhausted his administrative remedies and that he is without a valid excuse. When a district court is given the opportunity to address the exhaustion question due to affirmative but not conclusive statements in the prisoner-s complaint, a district court cannot dismiss the complaint without first giving the inmate an opportunity to address the issue.

Appellate Information

• Decided 03/05/2007
• Published 03/06/2007

Judges

• EBEL, Circuit Judge., Before HARTZ, EBEL, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Jose Eli Aquilar-Avellaveda, appearing pro se.