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NGO v. WOODFORD

No. 03-16042.

403 F.3d 620 (2005)

Viet Mike NGO, Plaintiff-Appellant, v. Jeanne S. WOODFORD, Warden; A.P. Kane, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 24, 2005.

Attorney(s) appearing for the Case

Meir Feder, Jones Day, New York, NY, for the plaintiff and appellant.

Jennifer Perkell, Deputy Attorney General, San Francisco, CA, for the defendants and appellees.

Before: PREGERSON and KOZINSKI, Circuit Judges, and RHOADES, SR., District Judge.

PREGERSON, Circuit Judge.

We are asked to determine whether the district court properly dismissed a prisoner's complaint for failing to exhaust all available administrative remedies as required by the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (codified as amended in scattered sections of 18, 28, and 42 U.S.C.), even though the prisoner's administrative appeal was deemed time-barred and...

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