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16-1710 - Anthony Boyce v. Illinois Department of Correct, et al


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16-1710 - Anthony Boyce v. Illinois Department of Correct, et al
September 19, 2016
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Filed Nonprecedential Disposition PER CURIAM. The judgment is VACATED and the case is REMANDED. We express no opinion on the merits of Boyce’s lawsuit or whether he did, in fact, exhaust available remedies; we conclude only that it should not have been dismissed sua sponte at screening. We also note that the district court was incorrect to assert that Boyce incurred a strike for a dismissal without prejudice. Diane P. Wood, Chief Judge; Richard A. Posner, Circuit Judge and Frank H. Easterbrook, Circuit Judge. [6783459-1] [6783459] [16-1710]