Is there any case law where a plaintiff has admitted that he failed to exhaust all available administrative remedies before he commenced this action?
MultiRegion, United States of America
The following excerpt is from Butler v. Escamilla, CASE NO. 1:17-cv-00623-MJS (PC) (E.D. Cal. 2017):
747 F.3d at 1166; Sorce v. Garikpaetiti, No. 14-cv-0327 BEN (JMA), 2014 WL 2506213, at *2 (S.D. Cal. June 2, 2014) (relying on Albino and dismissing the complaint on screening because "it is clear from the face of [plaintiff's] pleading that he has conceded that he failed to exhaust all available administrative remedies . . . before he commenced this action") (emphasis in original).
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