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· 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 CourtListener

Sourced 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.