· 6/5/2009
Marella v. Terhune
Citations
- 568 F.3d 1024
- 2009 U.S. App. LEXIS 15330
- 2009 WL 1622250
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that administrative remedies may be effectively unavailable where the prisoner lacks the necessary forms or is reliably informed that he cannot file a grievance
- holding that 17 under this section and prison’s interpretation of it, “the prison’s regulations explicitly create an 18 exception to the timely filing requirement”
- holding that if Plaintiff was 4} unable to file grievance forms or if he was reliably informed that administrative remedies 5 | were not available, exhaustion is not required
- holding that if a plaintiff was unable to file grievance forms or if he 23 was reliably informed that administrative remedies were not available, exhaustion is not 24 required
- holding district 20 court erred in dismissing case for failure to exhaust where plaintiff was informed appeals process 21 was not available to him
- explaining that PLRA exhaustion requires a prisoner to “complete the administrative review process in accordance with the applicable procedural rules, including deadlines, as a precondition to bringing suit in federal court”
Source: CourtListener parenthetical corpus (CC0).
Judges: Wallace, Farris, McKeown
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.