What is the burden of raising and proving the absence of exhaustion?
MultiRegion, United States of America
The following excerpt is from Hearns v. Gonzales, CASE NO. 1:14-cv-01177-DAD-MJS (PC) (E.D. Cal. 2017):
The defendant bears the burden of raising and proving the absence of exhaustion. Id. at 1169; Wyatt v. Terhune, 315 F.3d 1108, 1119 (9th Cir. 2003). Exhaustion may be excused where administrative procedures were effectively
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