U.S. Court of Appeals for the Ninth Circuit, 1998

Lunsford v. Jumao-as

Lunsford v. Jumao-as
U.S. Court of Appeals for the Ninth Circuit · Decided February 13, 1998 · Fletcher, Magill, Nelson
139 F.3d 1233; 1998 WL 125090 (Federal Reporter, Third Series)

Lunsford v. Jumao-as

Opinion of the Court

ORDER

The request for publication is GRANTED.

The dispositive order filed February 13, 1998, is redesignated as a published order.

ORDER

We agree with both parties that because John Wayne Lunsford seeks only damages in his Bivens action, he was not required to exhaust his administrative remedies before filing this lawsuit in the district court in light of the fact that the Administrative Remedy Program only provides for injunctive relief. See 42 U.S.C. § 1997e(a); Honig v. Doe, 484 U.S. 305, 327, 108 S.Ct. 592, 606, 98 L.Ed.2d 686 (1988). Therefore, we VACATE the district court’s order dismissing Lunsford’s complaint and denying his application to proceed in forma pauperis, and REMAND this case to the district court for further proceedings consistent with this order.

VACATED AND REMANDED.

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