Does a plaintiff have exhausted his administrative remedies prior to filing this action?
MultiRegion, United States of America
The following excerpt is from Herrera v. Gray, No. 2:17-cv-01585 AC P (E.D. Cal. 2017):
1. Additionally, given the very recent date of the alleged incident, there is a strong possibility that plaintiff has not exhausted his administrative remedies prior to filing this suit. Nevertheless, plaintiffs are not required to plead exhaustion and, as such, the court will not dismiss the action on this basis. See Jones v. Bock, 549 U.S. 199, 214-216 (2007).
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