Jimmy G. Nixon, Sr. v. Linda Sanders

Federal inmate Jimmy G. Nixon, Sr., appeals the district court’s order dismissing, for failure to exhaust administrative remedies, his action filed pursuant to Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388, 91 S.Ct. 1999, 29 L.Ed.2d 619 (1971). We reverse and remand.

After Nixon filed this action complaining of religious harassment, defendants sought dismissal or summary judgment based on Nixon’s failure to exhaust his administrative remedies. In support, defendants submitted prison records and an attorney’s declaration. Nixon responded, and the magistrate judge…