The following excerpt is from Wilson v. Cuevas, Case No.: 3:16-cv-2100-BTM-DHB (S.D. Cal. 2018):
Circuit has further found administrative remedies "plainly unavailable" where prison officials "screen out an inmate's appeals for improper reasons," Sapp v. Kimbrell, 623 F.3d 813, 823 (9th Cir. 2010), and "effectively unavailable" where they provide the inmate mistaken instructions as to the means of correcting a claimed deficiency, but upon re-submission, reject it as untimely after compliance proved impossible. See Nunez, 591 F.3d at 1226. Administrative remedies may also prove unavailable if the prisoner shows an "objectively reasonable" basis for his belief that "officials would retaliate against him if he filed a grievance." McBride v. Lopez, 807 F.3d 982, 987 (9th Cir. 2015).
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