Does Draper need to exhaust all available administrative remedies in his grievance against Rogers?

MultiRegion, United States of America

The following excerpt is from Draper v. Rosario, 836 F.3d 1072 (9th Cir. 2016):

Prisoners need only exhaust available administrative remedies; remedies are not considered available if, for example, prison officials do not provide the required forms to the prisoner or if officials threaten retaliation for filing a grievance. See McBride v. Lopez , 807 F.3d 982, 987 (9th Cir. 2015) ;

[836 F.3d 1079]

Albino v. Baca , 747 F.3d 1162, 1177 (9th Cir. 2014) (en banc). Draper does not dispute that he failed to exhaust administrative remedies with respect to his procedural due process claim against Rogers. He alleged, however, that prison officials obstructed his efforts to file grievances and administrative appeals. He also argues that the district court applied the wrong standard of review in light of our recent en banc opinion in Albino v. Baca.

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