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BROWN v. VALOFF

Nos. 03-16502, 03-16552.

422 F.3d 926 (2005)

Peter BROWN, Plaintiff-Appellee, v. J. VALOFF, Defendant-Appellant. Robert Hall, Plaintiff-Appellee, v. J.W. Fairman, Jr., Defendant, and J. Mattingly; A.C. Quinones; A. Valenzuela; C. Davis; L.R. Lopez; C. Smith; E. Tostado; G. Zinani, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed September 6, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, James E. Flynn, Supervising Deputy Attorney General, and David A. Carrasco, Deputy Attorney General, Sacramento, CA, for the defendant-appellant in Case No. 03-16502.

Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Sara Tuner, Supervising Deputy Attorney General, and Barbara N. Sutliffe, Deputy Attorney General, San Francisco, CA, for the defendants-appellants in Case No. 03-16552.

Peter Brown, pro se, Vacaville, CA, plaintiff-appellee in Case No. 03-16502.

Thomas L. Riordan, Thadd Blizzard, and Charles L. Post, Weintraub Genshlea Chediak Sproul, Sacramento, CA, for the plaintiff-appellee in Case No. 03-16552.

Before: REINHARDT, THOMPSON, and BERZON, Circuit Judges.

Opinion by Judge BERZON; Partial Concurrence and Partial Dissent by Judge REINHARDT.

BERZON, Circuit Judge.

We consider the application of the Prisoner Litigation Reform Act's ("PLRA") exhaustion requirement, 42 U.S.C. § 1997e(a), to circumstances in which an inmate has filed a grievance with a prison grievance system and, having received some relief before the final level of review, does not pursue his grievance further. In these two cases with similar...

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