What is the test for opposing a motion to dismiss for failure to exhaust remedies?
MultiRegion, United States of America
The following excerpt is from Aubert v. Elijah, 1:07-cv-01629-LJO-GSA-PC (E.D. Cal. 2012):
In light of the recent decision in Woods v. Carey, 684 F.3d 934, 940 (9th Cir. 2012), Plaintiff must be provided with "fair notice" of the requirements for opposing a motion to dismiss for failure to exhaust remedies at the time the motion is brought, and the notice given in this case some three
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