What is the burden of establishing that an inmate has failed to exhaust the administrative review process?
MultiRegion, United States of America
The following excerpt is from Navarro v. Herndon, No. 2:09-cv-1878 KJM KJN P (E.D. Cal. 2015):
2. See Albino v. Baca, 697 F.3d 1023, 1031 (9th Cir. 2012). The three judge panel noted that "[a] defendant's burden of establishing an inmate's failure to exhaust is very low." Id. at 1031. Relevant evidence includes statutes, regulations, and other official directives that explain the scope of the administrative review process. Id. at 1032.
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