Charlie Jackson v. R. Fong

Concurrence by Judge McCALLA

OPINION

MURGUIA, Circuit Judge:

This appeal arises from a prison’s alleged indifference to an inmate’s medical needs. The plaintiff, Charles “Charlie” Jackson, first filed suit while a prisoner at San Quentin State Prison in California. After his release, Jackson amended his complaint with leave of court. The district court then granted summary judgment to the defendants based on Jackson’s failure to exhaust his administrative remedies as a *931“prisoner” under the Prison Litigation Reform Act of 1995 (PLRA), 42 U.S.C. § 1997e(a). The question on appeal is whether…