Does plaintiff have to exhaust his administrative remedies prior to filing in federal court?
MultiRegion, United States of America
The following excerpt is from Tunstall v. Banks, No. 2:15-cv-2100 KJN P (E.D. Cal. 2015):
2. Plaintiff is cautioned that he is required to exhaust his administrative remedies prior to filing in federal court. Exhaustion in prisoner cases covered by 42 U.S.C. 1997e(a) is mandatory. Porter v. Nussle, 534 U.S. 516, 524 (2002). Because plaintiff is required to pursue his administrative remedies through the third level of review, plaintiff could not have exhausted claims concerning an August 2015 hearing prior to filing the instant action.
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