What is the burden of proving exhaustion?
MultiRegion, United States of America
The following excerpt is from Dukes v. Garcia, Case No.: 1:12cv00941 LJO DLB (PC) (E.D. Cal. 2014):
The burden therefore shifts to Plaintiff to produce evidence demonstrating either exhaustion or the existence of circumstances excusing exhaustion. Sapp v. Kimbrell, 623 F.3d 813, 822-23 (9th Cir. 2010); Nunez v. Duncan, 591 F.3d 1217, 1224 (9th Cir. 2010).
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