Can a defendant seek dismissal under section 12(b)(6) of the Criminal Code for failing to exhaust administrative remedies?
MultiRegion, United States of America
The following excerpt is from Myers v. Casian, Case No.: 14-cv-02255-WQH-JLB (S.D. Cal. 2015):
If a prisoner's failure to exhaust administrative remedies "is clear on the face of the complaint, a defendant may move for dismissal under 12(b)(6)." Albino v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2014) (en banc).
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