What is the test for failure to exhaust a claim?
MultiRegion, United States of America
The following excerpt is from Lipsey v. Seitz, Case No.: 1:18-cv-00766-AWI-SKO (PC) (E.D. Cal. 2019):
and prove. Jones, 549 U.S. at 204, 216. However, courts may dismiss a claim under Federal Rule of Civil Procedure 12(b)(6) "[i]n the rare event that a failure to exhaust is clear on the face of the complaint. Albino v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2014). "Otherwise, defendants must produce evidence proving failure to exhaust in order to carry their burden." Id.
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