What is the test for failure to exhaust?
MultiRegion, United States of America
The following excerpt is from Miramontes v. L Gower, No. 2:15-cv-1544 CKD P (E.D. Cal. 2016):
If undisputed evidence viewed in the light most favorable to the prisoner / plaintiff shows a failure to exhaust, a defendant is entitled to summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Albino v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2014).
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can the government argue failure to exhaust an issue as an affirmative defense? (MultiRegion, United States of America)
What is the test for determining whether a municipality's failure to act was a contributory factor in the failure of a third party to act on a complaint? (MultiRegion, United States of America)
Is a failure to exhaust available administrative remedies a bar to judicial review of an action? (MultiRegion, United States of America)
What are the reasons for dismissing a motion for failure to exhaust? (MultiRegion, United States of America)
Is Heyliger permitted to plead not guilty to a charge of failure to exhaust his mental health treatment? (MultiRegion, United States of America)
In a motion to vacate and remand the convictions for failure to comply with the Jencks Act, is the failure of the evidence sufficient to grant a new trial? (MultiRegion, United States of America)
Does a motion to dismiss the petition for failure to exhaust state remedies succeed? (MultiRegion, United States of America)
Can a failure to comply with a government regulation be a defense to a subsequent failure to submit to induction? (MultiRegion, United States of America)
What is the test for dismissing a habeas petition for failure to exhaust? (MultiRegion, United States of America)
Is a failure to exhaust an affirmative defense in a motion to dismiss? (MultiRegion, United States of America)
