Does a motion to dismiss for failure to exhaust administrative remedies need to be served with a concurrent notice pursuant to Wyatt v Terhune?
MultiRegion, United States of America
The following excerpt is from Rhodes v. Robinson, Case No. 1:02-cv-05018-LJO-DLB PC (E.D. Cal. 2013):
1. Defendant's motion to dismiss for failure to exhaust administrative remedies was served with a concurrent notice pursuant to Wyatt v. Terhune, 315 F.3d 1108 (9th Cir. 2003), as required by Woods v. Carey, 684 F.3d 934, 936 (9th Cir. 2012).
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