The following excerpt is from Mccullough v. Yates, Case No. 1:10-cv-01465 LJO JLT (PC) (E.D. Cal. 2011):
In Smedley v. Reid, 2009 U.S. Dist. LEXIS 124278 at *8 (S.D. Cal. Sept. 29, 2009), the court faced a similar factual situation. In that case, the plaintiff was a prisoner at the time of the incident. Id. He partially exhausted the administrative process but was released before completing it. Id. Sometime later, the plaintiff was reincarcerated and during this period, filed his complaint. Id.. Thus, in Smedley, "The question therefore is whether a plaintiff who failed to exhaust his administrative remedies while in prison, or to file a complaint upon his release, still is subject to the exhaustion requirement when he files a complaint upon re-incarceration, and subsequently is re-released." Id. at *9.
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