NGO v. WOODFORD

No. 03-16042.

539 F.3d 1108 (2008)

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

United States Court of Appeals, Ninth Circuit.

Filed August 21, 2008.


Attorney(s) appearing for the Case

Meir Feder, Kate Bushman and Sari H. Schneider, Jones Day, New York, NY, for the plaintiff-appellant.

Kenneth Roost, Deputy Attorney General; Bill Lockyer, Attorney General of the State of California; James M. Humes, Chief Assistant Attorney General; Frances T. Grunder, Senior Assistant Attorney General; Barbara C. Spiegel, Supervising Deputy Attorney General, San Francisco, CA, for the defendants-appellees.

Opinion by Chief Judge KOZINSKI; Concurrence by Judge PREGERSON.


KOZINSKI, Chief Judge:

On remand from the Supreme Court, Woodford v. Ngo, 548 U.S. 81, 126 S.Ct. 2378, 165 L.Ed.2d 368 (2006), we consider whether a prisoner exhausted his administrative remedies for purposes of the Prison Litigation Reform Act (PLRA).

Facts

Ngo, a prison inmate serving a life sentence, was placed in administrative segregation on October 26, 2000, for inappropriate activity with a prison church...

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