What is the test for a motion to dismiss an action brought by a prisoner alleging that he has not exhausted his administrative remedies?
MultiRegion, United States of America
The following excerpt is from Miles v. Jackson, No. 2:12-cv-2111 EFB P (E.D. Cal. 2012):
The court has reviewed plaintiff's complaint pursuant to 28 U.S.C. 1915A. Because plaintiff concedes he did not exhaust his administrative remedies prior to commencing this action, it appears that this action should be dismissed. See Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir. 2003) (stating that a prisoner's concession to nonexhaustion is a valid ground for dismissal of an action).
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