James McBride v. S. Lopez
Court of Appeals for the Ninth Circuit
1Opinion of the Court
ORDER
The opinion filed on June 30, 2015 [791 F.3d 1115] is amended as follows:
Add the following after the last sentence of the first paragraph on Slip Op. page 4 [791 F.3d 1115], line 10:
This case turns on the adequacy of the complaint to establish an objective basis for the plaintiffs fear of retaliation. It therefore falls into the category of “rare cases” noted in Albino, where the pris-. oner’s failure to exhaust is clear from the face of the complaint and the result would not be altered by discovery. See id. at 1169.
Replace the following text on Slip Op. page 11 [791 F.3d 1115]:
There was…
2Cases cited10 opinions
- Woodford v. NgoSupreme Court of the United States · 2006
- Juan Albino v. Lee BacaCourt of Appeals for the Ninth Circuit · 2014
- Karamo B. Kaba v. E.A. Stepp, Mickal E. Laird, Dave Benson, and Joseph YonkmanCourt of Appeals for the Seventh Circuit · 2006
- Brodheim v. CryCourt of Appeals for the Ninth Circuit · 2009
- Turner v. BurnsideCourt of Appeals for the Eleventh Circuit · 2008
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- Angel Soto v. Unknown SweetmanCourt of Appeals for the Ninth Circuit · 2018
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