Davis v. Keohane
| Decision Date | 22 December 1987 |
| Docket Number | No. 87-5522,87-5522 |
| Citation | 835 F.2d 1147 |
| Parties | Samuel J.M. DAVIS, Jr., Plaintiff-Appellant, v. P.W. KEOHANE, Warden, et al., Defendants-Appellees. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Samuel J.M. Davis, Jr., pro se.
W. Hickman Ewing, U.S. Atty., Memphis, Tenn., Robert M. Williams, Jr., for defendants-appellees.
Before ENGEL, MERRITT and (NORRIS), Circuit Judges.
This pro se federal prisoner appeals the district court's judgment dismissing his Bivens-type suit as frivolous pursuant to 28 U.S.C. Sec. 1915(d). See Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). The case has been referred to a panel of the court pursuant to Rule 9(a), Rules of the Sixth Circuit. Upon examination of the record and briefs, this panel unanimously agrees that oral argument is not needed. Fed.R.App.P. 34(a).
Plaintiff sued the warden and mail room officer of the Federal Correctional Institution in Memphis, Tennessee, where he was formerly incarcerated. Plaintiff alleged that the defendants are violating his constitutional rights by refusing to forward his mail to the Federal Correctional Institution in Seagoville, Texas, where he is presently incarcerated. The district court dismissed the suit for failure to state a claim.
Upon review, we affirm the dismissal for reasons other than those stated by the district court. See Russ' Kwik Car Wash, Inc. v. Marathon Petroleum Co., 772 F.2d 214, 216 (6th Cir.1985).
Under the circumstances of this case, where available administrative remedies are as likely as the judicial remedy to provide the desired relief, a district court should dismiss the suit for failure to first exhaust administrative remedies rather than address the merits of the claim. This practice is consistent with the federal courts' policy of exercising judicial restraint in matters within the expertise of prison administrators and will allow speedy and consistent resolution of claims that may concern many prisoners. See Veteto v. Miller, 794 F.2d 98 (3d Cir.1986) (); Pyles v. Carlson, 698 F.2d 1131 (11th Cir.1983) (); Jones v. Carlson, 495 F.2d 209 (5th Cir.1974) (); Vida v. Cage, 385 F.2d 408 (6th Cir.1967) (...
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Southern Ohio Coal Co. v. Office of Surface Min., Reclamation and Enforcement, Dept. of Interior
...We find that SOCCO has failed to make a satisfactory showing of inadequacy, futility or irreparable injury. Cf. Davis v. Keohane, 835 F.2d 1147, 1148-49 (6th Cir.1987). SOCCO also asserts that the District Court had jurisdiction over the dispute because of the constitutional issues it raise......
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Pan American Pharmaceuticals, Inc. v. Shelin
...Id. Exhaustion of administrative remedies is still, however, a prerequisite to bringing a Bivens action. Davis v. Keohane, 835 F.2d 1147, 1148 (6th Cir.1987) (per curiam). Plaintiffs respond that exhaustion is unnecessary where the attempt to exhaust would be futile. Patsy v. Board of Regen......
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Terrell v. Brewer
...Meese, 875 F.2d 639, 640-43 (7th Cir.1989); Lyons v. United States Marshals, 840 F.2d 202, 204 (3d Cir.1988); Davis v. Keohane, 835 F.2d 1147, 1148 (6th Cir.1987) (per curiam); Brice v. Day, 604 F.2d 664, 665-66 (10th Cir.1979) (per curiam), cert. denied, 444 U.S. 1086, 100 S.Ct. 1045, 62 L......
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Graham v. Hawk, 94-2230.
...remedies. United States v. Westmoreland, 974 F.2d 736 (6th Cir.1992) (review of BOP sentence credits application); Davis v. Keohane, 835 F.2d 1147 (6th Cir.1987) (conditions of confinement); Little v. Hopkins, 638 F.2d 953 (6th Cir.1981) (same). See also Gonzalez v. United States, 959 F.2d ......