Lunsford v. Jumao-As

Full title: JOHN WAYNE LUNSFORD, Petitioner-Appellant, v. C. D. JUMAO-AS, Dr.…

Court: United States Court of Appeals, Ninth Circuit

Date published: Feb 13, 1998

139 F.3d 1233 (9th Cir. 1998)

Opinion

No. 96-56503

Submitted February 2, 1998^_ — Pasadena, California.

_ The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a) and Ninth Circuit Rule 34-4.

Order Filed February 13, 1998 Order Published March 23, 1998

COUNSEL

Catherine Valerio Barrad, Sidley Austin, Los Angeles, California, for the appellant.

Robert I. Lester, Assistant United States Attorney, Los Angeles, California, for the appellees.

Appeal from the United States District Court for the Central District of California Harry L. Hupp, District Judge, Presiding.

D.C. No. CV-96-06143-HLH

Before: Betty B. Fletcher, Frank J. Magill,^__ and Thomas G. Nelson, Circuit Judges.

__ Honorable Frank J. Magill, Senior United States Circuit Judge for the Eighth Circuit Court of Appeals, sitting by designation.

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 (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