What is the test for a motion to dismiss an action brought by a prisoner who has not exhausted his administrative remedies?
MultiRegion, United States of America
The following excerpt is from Washington v. Brown, No. CIV S-11-2113 EFB P (E.D. Cal. 2011):
The court has reviewed plaintiff's June 28, 2011 complaint pursuant to 28 U.S.C. 1915A and finds that it must be dismissed because it fails to state a claim and also, because it is clear from the complaint that plaintiff has not exhausted his administrative remedies. See Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir. 2003) (stating that a prisoner's concession to nonexhaustion is a valid ground for dismissal of an action).
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