DISCLAIMER:  The following unofficial case summaries are prepared by the clerk's office
                        as a courtesy to the reader. They are not part of the opinion of the court.

991759P.pdf   10/10/2000  Ronald Chelette  v.  Grant Harris
   U.S. Court of Appeals Case No:  99-1759
   Eastern District of Arkansas   
   Civil case. Prisoner civil rights action for failure to provide 
   adequate medical care. Magistrate judge has authority to certify 
   an interlocutory appeal. Denial of motion to dismiss for failure 
   to exhaust administrative remedies is reversed. Exhaustion is 
   not a jurisdictional requirement, but once motion to dismiss is 
   filed, court must determine if exhaustion has been completed. 
   District court erred in finding inmate had exhausted his 
   administrative remedies; case is remanded with directions to 
   dismiss the complaint without prejudice.