McNeil v. United States, 508 U.S. 106, 8 (1993)

Page:   Index   Previous  1  2  3  4  5  6  7  8

Cite as: 508 U. S. 106 (1993)

Opinion of the Court

Moreover, given the clarity of the statutory text, it is certainly not a "trap for the unwary." It is no doubt true that there are cases in which a litigant proceeding without counsel may make a fatal procedural error, but the risk that a lawyer will be unable to understand the exhaustion requirement is virtually nonexistent. Our rules of procedure are based on the assumption that litigation is normally conducted by lawyers. While we have insisted that the pleadings prepared by prisoners who do not have access to counsel be liberally construed, see Haines v. Kerner, 404 U. S. 519 (1972); Estelle v. Gamble, 429 U. S. 97, 106 (1976),9 and have held that some procedural rules must give way because of the unique circumstance of incarceration, see Houston v. Lack, 487 U. S. 266 (1988) (pro se prisoner's notice of appeal deemed filed at time of delivery to prison authorities), we have never suggested that procedural rules in ordinary civil litigation should be interpreted so as to excuse mistakes by those who proceed without counsel.10 As we have noted before, "in the long run, experience teaches that strict adherence to the procedural requirements specified by the legislature is the best guarantee of evenhanded administration of the law." Mohasco Corp. v. Silver, 447 U. S. 807, 826 (1980).

The FTCA bars claimants from bringing suit in federal court until they have exhausted their administrative remedies. Because petitioner failed to heed that clear statutory command, the District Court properly dismissed his suit.

The judgment of the Court of Appeals is

Affirmed.

9 Again, the question whether the Court of Appeals should have liberally construed petitioner's letter of August 7, 1989, as instituting a new action is not before us. See n. 5, supra.

10 Indeed, we have previously recognized a systemic interest in having a party represented by independent counsel even when the party is a lawyer. See Kay v. Ehrler, 499 U. S. 432 (1991).

113

Page:   Index   Previous  1  2  3  4  5  6  7  8

Last modified: October 4, 2007