The following excerpt is from Tran v. Gore, Civil No. 10cv2682 BTM (BLM) (S.D. Cal. 2012):
exhaustion-nor does it necessarily establish that he failed to exhaust any of his claims. See Wyatt, 315 F.3d at 1120 (finding dismissal under 1997e(a) inappropriate where "the record is not clear" regarding prisoner's exhaustion concession); see also Brown v. Valoff, 422 F.3d 926, 936-37 (9th Cir. 2005) ("[T]here can be no 'absence of exhaustion' unless some relief remains 'available,'" therefore, "a defendant must demonstrate that pertinent relief remained available, whether at unexhausted levels of the grievance process, or through awaiting the results of the relief already granted as a result of that process.").
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