Charlie Jackson v. R. Fong

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…