What is the burden of proving that there is no further administrative relief available to plaintiff?
MultiRegion, United States of America
The following excerpt is from Bauer v. Miranda, No. 2:11-cv-2864 LKK EFB P (E.D. Cal. 2013):
Based on the foregoing, the court finds that defendants have met their burden of showing that the possibility of further administrative relief remained available to plaintiff. The burden therefore shifts to plaintiff to produce evidence that demonstrates either exhaustion or circumstances excusing exhaustion. See Sapp v. Kimbrell, 623 F.3d 813, 823-24 (9th Cir. 2010).
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