If a prisoner has exhausted his administrative remedies when he receives a decision from the Court of Appeal at the third level of review, can he bypass the process by bypassing a level of appeal?
MultiRegion, United States of America
The following excerpt is from Brown v. Rasley, Case No. 1:13-cv-02084-AWI-BAM (PC) (E.D. Cal. 2018):
Id. at 3084.2(a). Three levels of review are involveda first level review, a second level review and a third level review. Id. at 3084.7. Bypassing a level of review may result in rejection of the appeal. Id. at 3084.6(b)(15). Under 1997e, a prisoner has exhausted his administrative remedies when he receives a decision at the third level. See Barry v. Ratelle, 985 F. Supp. 1235, 1237-38 (S.D. Cal. 1997).
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