Is a failure to exhaust an affirmative defense in a motion to dismiss?
MultiRegion, United States of America
The following excerpt is from Faber v. Cnty. of San Diego, CASE NO. 08CV2017 JLS (BGS), ECF No. 17 (S.D. Cal. 2011):
"[F]ailure to exhaust is an affirmative defense" that defendants must establish. Jones v. Bock, 549 U.S. 199, 216 (2007). "In deciding a motion to dismiss for a failure to exhaust
Page 3
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a motion to dismiss a preliminary injunction has been granted by the Court of Appeal, when the motion is also dismissed by the District Court on the basis of a failure to exhaust tribal remedies, does the motion merge into the final judgment? (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)
What is the test for dismissing or dismissing a motion to dismiss or dismiss information from the US Department of Justice? (MultiRegion, United States of America)
Can a motion to dismiss an indictment be dismissed on a motion of dismissal? (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)
What is the test for dismissing a motion to dismiss a Motion to Dismiss a Complaint? (MultiRegion, United States of America)
Does the Court-ordered dismissal of a motion for contempt of court apply to appeal against the motion to dismiss the motion? (MultiRegion, United States of America)
What is the test for dismissing a motion to amend or dismiss a motion alleging that the motion contains defects that can be cured by amendment? (MultiRegion, United States of America)
Does a motion to dismiss the motion for failure to prosecute for sexual assault have any grounds for dismissal? (MultiRegion, United States of America)
Is a failure to exhaust an affirmative defense an affirmative defence? (MultiRegion, United States of America)
