Plaintiff, David K. Dellis, a Wisconsin prisoner proceeding
pro se, appeals from the district court's order dismissing Plaintiff's civil rights complaint filed pursuant to
42 U.S.C. § 1983, as frivolous under
28 U.S.C. § 1915(e)(2)(B)(i). On March 13, 2001, we issued an order holding Plaintiff's case in abeyance until the Supreme Court rendered its decision as to whether a prisoner filing suit over prison conditions and seeking monetary relief was required to exhaust his administrative remedies before filing suit.
See Booth v. Churner, 531 U.S. 956, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001). The context in which we issued our order was that we found some of Plaintiff's unexhausted claims were not frivolous and stated cognizable claims for purposes of surviving dismissal under
Federal Rule of Civil Procedure 12(b)(6). In light of the Supreme Court's unanimous decision that a prisoner seeking monetary damages must complete the prison administrative process notwithstanding the fact that the process will not afford the prisoner the specific relief that he seeks,
see Booth, 531 U.S. at ––––, 121 S.Ct. at 1821, we now order the district court to dismiss without prejudice those claims which we find potentially meritorious so as to allow Plaintiff an opportunity to exhaust his administrative remedies.