Does a cancellation of an administrative grievance constitute a failure to properly exhaust the remedy?

MultiRegion, United States of America

The following excerpt is from Hines v. Noriega, No. 2:13-cv-0392 JAM AC P (E.D. Cal. 2015):

Defendant's undisputed evidence establishes that plaintiff filed an initial grievance, two letters contesting the cancellation of his initial grievance, and a third level appeal, all of which were cancelled. "A cancellation . . . decision does not exhaust administrative remedies." Cal. Code Regs. tit. 15, 3084.1(b). Therefore, plaintiff did not properly exhaust his claim. See Woodford v. Ngo, 548 U.S. 81 (2006) (exhaustion requires that the prisoner complete the administrative review process in accordance with all applicable procedural rules).

Other Questions


When a statute or agency rule demands exhaustion of administrative remedies, does the federal court have jurisdiction to order the exhaustion of remedies? (MultiRegion, United States of America)
Is a motion to dismiss based on a prisoner's failure to exhaust administrative remedies properly the subject of a motion under Federal Rule of Civil Procedure 12(b)? (MultiRegion, United States of America)
Is a motion to dismiss based on a prisoner's failure to exhaust administrative remedies properly a motion under Federal Rule of Civil Procedure 12(b)? (MultiRegion, United States of America)
What is the test for a motion to dismiss a motion for failure to exhaust administrative remedies? (MultiRegion, United States of America)
Is a failure to exhaust available administrative remedies a bar to judicial review of an action? (MultiRegion, United States of America)
Does Draper need to exhaust all available administrative remedies in his grievance against Rogers? (MultiRegion, United States of America)
Does a failure to exhaust intraunion remedies bar a plaintiff from seeking an intraunion remedy? (MultiRegion, United States of America)
Is there any case law supporting the argument that I-A classification for failure to exhaust administrative remedies is invalid? (MultiRegion, United States of America)
Is a failure to exhaust administrative remedies a bar to federal subject matter jurisdiction? (MultiRegion, United States of America)
Can a plaintiff bring an action in an administrative proceeding against Arnold for failing to exhaust his administrative remedies? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.