What is the burden of proving that an inmate failed to exhaust a grievance due to "innocent mishandling"?

^1. See Albino v. Baca, 697 F.3d 1023, 1031 (9th Cir. 2012). The three judge panel noted that "[a] defendant's burden of establishing an inmate's failure to exhaust is very low." Id. at 1031. Relevant evidence includes statutes, regulations, and other official directives that explain the scope of the administrative review process. Id. at 1032.

^2. The undersigned acknowledges that affirmative actions by prison officials that prevent exhaustion, "even if done innocently," are grounds for excusing compliance with the exhaustion requirement. Albino v. Baca, 697 F.3d 1012, 1034 (9th Cir. 2010). In the instant case, the undersigned finds that there is no evidence that plaintiff filed a grievance on March 17, 2013. The undersigned does not find that plaintiff mailed the grievance on March 17, 2013, and it was not processed due to "innocent" mishandling.