What is the test for a motion to dismiss a motion for failure to exhaust administrative remedies?
MultiRegion, United States of America
The following excerpt is from Aguirre v. Cnty. of Sacramento, No. 2: 12-cv-2165 TLN KJN P (E.D. Cal. 2013):
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Notes:
1. While plaintiff is now out of custody, at the time he filed his opposition to the pending motion, he was incarcerated in the Sacramento County Jail.
2. Motions to dismiss for failure to exhaust administrative remedies should be raised in non-enumerated 12(b) motions. Wyatt v. Terhune, 315 F.3d 1108, 1117-19 (9th Cir. 2003).
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Notes:
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