Legal Opinion

Marella v. Terhune

Court of Appeals for the Ninth Circuit

Decided June 5, 2009No. 07-55006PublishedCited by 182 opinions

1Opinion of the Court

ORDER

The opinion in the above-captioned matter filed on April 14, 2009, and published at 562 F.3d 983 (9th Cir.2009), is amended as follows:

1. Slip op. page 4321, line 17 (after the carry-over paragraph):

Insert as a new paragraph <The absence of a proper administrative process for a prisoner to appeal from an initial rejection of an appeal does not abrogate the requirement that he comply with a prison’s procedural requirements. If a prisoner had full opportunity and ability to file a grievance timely, but failed to do so, he has not properly exhausted his administrative remedies. See…

Also in this document: Per curiam.

2Cases cited6 opinions

  1. Jones v. BockSupreme Court of the United States · 2007
  2. Woodford v. NgoSupreme Court of the United States · 2006
  3. Lee A. Rand v. James Rowland Nadim Khoury, M.D., William Bunnell Roy Lee Johnson Leo R. EstesCourt of Appeals for the Ninth Circuit · 1998
  4. Wyatt v. TerhuneCourt of Appeals for the Ninth Circuit · 2003
  5. Brown v. ValoffCourt of Appeals for the Ninth Circuit · 2005

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3Cited by182 opinions

  1. Juan Albino v. Lee BacaCourt of Appeals for the Ninth Circuit · 2014
  2. Earnest Woods, II v. Tom CareyCourt of Appeals for the Ninth Circuit · 2012
  3. Harvey v. JordanCourt of Appeals for the Ninth Circuit · 2010
  4. Juan Albino v. Lee BacaCourt of Appeals for the Ninth Circuit · 2014
  5. John Fordley v. Joe LizarragaCourt of Appeals for the Ninth Circuit · 2021

177 more not listed; retrieve them via the Exa API.

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