Does a prisoner need to exhaust further levels of review?

MultiRegion, United States of America

The following excerpt is from Davis v. Salinas, No. 2:11-cv-02585-JFM P (E.D. Cal. 2013):

A prisoner need not exhaust further levels of review once he has either received all the remedies that are "available" at an intermediate level of review, or has been reliably informed by an administrator that no more remedies are available. Brown v. Valoff, 422 F.3d 926, 934-35 (9th Cir. 2005). Because there can be no absence of exhaustion unless some relief remains available, a movant claiming lack of exhaustion must demonstrate that pertinent relief remained available, whether at unexhausted levels or through awaiting the results of the relief already granted as a result of that process. Id. at 936-37.

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