What is the burden of proving there is an available administrative remedy?
MultiRegion, United States of America
The following excerpt is from Moore v. Grieco, Case No. 1:18-cv-00601-LJO-EPG (PC) (E.D. Cal. 2020):
Defendant bears the burden of proving that there was an available administrative remedy, and that the prisoner did not exhaust it prior to filing the lawsuit. Albino v. Baca, 747 F.3d 1162, 1172 (9th Cir. 2014). Once defendant meets the burden, the burden shifts to the plaintiff to "come forward with evidence showing that there is something in his particular case that made the existing and generally available administrative remedies effectively unavailable to him." Id.
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