Case Citator › Earnest Woods, II v. Tom Carey

Earnest Woods, II v. Tom Carey

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Ninth Circuit
Citation
684 F.3d 934
Decided
Confirmed treatments
1
Flagged citations read
121 of 121
Citing cases (total)
1,006
Treatment dates
2014
Overruled in part
A reviewed court has overruled part of this case’s holding. Earnest Woods, II v. Tom Carey is overruled in part: all 121 flagged citations have been read, with the 1 confirmed treatment listed below. En banc Juan Albino v. Lee Baca eliminated the Wyatt-style unenumerated Rule 12(b) procedure for deciding PLRA exhaustion, displacing Woods's associated requirement for a contemporaneous Wyatt notice when such a motion to dismiss is filed.
More on how this was screened

Woods's separate requirement that a Rand notice accompany a summary-judgment motion remains intact and was applied throughout the reviewed opinions. The citing opinions otherwise repeated Albino's treatment as history rather than independently overruling Woods. Seven citing opinions whose text was at first unavailable were later retrieved and read.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

1,006 later cases cite Earnest Woods, II v. Tom Carey; 121 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

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Treatments

Overruled in Part

  • The en banc Ninth Circuit eliminated the unenumerated Rule 12(b) exhaustion procedure underlying Woods's Wyatt-notice branch, requiring defendants ordinarily to use Rule 56 instead.

    Juan Albino v. Lee Baca · Ninth Circuit · filed

    First, although it may be more a matter of a change of nomenclature than of practical operation, we overrule Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir. 2003), in which we held that a failure to exhaust under § 1997e(a) should be raised by a defendant as an “unenumerated Rule 12(b) motion.” We conclude that a failure to exhaust is more appropriately handled under the framework of the existing rules than under an “unenumerated” (that is, non-existent) rule.
    Read the full opinion on CourtListener →

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