SPENCE v. MENDOZA

No. CIV. S-97-0816 WBS*JFM P.

993 F.Supp. 785 (1998)

Ed SPENCE, Plaintiff, v. S.J. MENDOZA, Defendant.

United States District Court, E.D. California.

February 11, 1998.


Attorney(s) appearing for the Case

Ed Spence, Ione, CA, pro se.

Bruce Michael Slavin, Attorney General's Office, San Francisco, CA, for Defendant.


MEMORANDUM AND ORDER

SHUBB, Chief Judge.

This is a civil rights action brought by a state prisoner. Defendant moves to dismiss it. She argues that plaintiff has failed to comply with a provision of the Prison Litigation Reform Act of 1996 ("PLRA") requiring him to exhaust available state administrative remedies before bringing this suit. The Magistrate Judge recommends that the court deny defendant's motion. For the reasons explained below, the court...

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