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9th Circuit Reverses Non-exhaustion Dismissal Due to Unavailable Forms

Loaded on Aug. 15, 2008

Filed under: PLRA, Administrative Exhaustion (PLRA). Location: Nevada.

The Ninth Circuit Court of Appeals reversed a district court’s dismissal under 28 U.S.C. § 1915A(b) of a Nevada prisoner’s § 1983 action for failure to exhaust administrative remedies.

Citing Wyatt v. Terhune, 315 F3d 1108 (9th Cir. 2003), the Court observed that it would conduct a de novo review …

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