Charlie Jackson v. R. Fong
Court of Appeals for the Ninth Circuit
1Concurrence
McCALLA, District Court Judge,
concurring in judgment:
I concur in the judgment alone. The district court improperly determined Jackson had not exhausted his claims, not because the PLRA was inapplicable to his post-release third amended complaint, but because Jackson’s failure to exhaust is excusable under § 1997e(a).
Exhaustion under the PLRA.is measured at the time the action is filed. McKinney v. Carey, 311 F.3d 1198 (9th Cir. 2002); Albino v. Baca, 747 F.3d 1162, 1170 (9th Cir. 2014) (“[Exhaustion is analogous to subject-matter jurisdiction, personal jurisdiction, venue, and abstention, in…
2Cases cited15 opinions
- Ross v. BlakeSupreme Court of the United States · 2016
- Lonnie Williams, Jr. v. Daniel ParamoCourt of Appeals for the Ninth Circuit · 2015
- Rhodes v. RobinsonCourt of Appeals for the Ninth Circuit · 2010
- McKinney v. CareyCourt of Appeals for the Ninth Circuit · 2002
- Mitchell v. DodrillDistrict Court, M.D. Pennsylvania · 2010
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