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MARELLA v. TERHUNE

No. 07-55006.

562 F.3d 983 (2009)

Leonard Michael MARELLA, Plaintiff-Appellant, v. C.A. TERHUNE, Director of the California Department of Corrections; R.M. Houston, Chief Deputy Warden, Calipatria; C.G. Butler, Captain, Calipatria; Denise Edwards, Appeals Coordinator, CCII, Calipatria; Harriet Fasolo, Appeals Coordinator, CCII, Calipatria; A. Terhune, Correctional Counselor II, (A) Calipatria State Prison, Facility "B"; M.K. Ormand, Correctional Counselor I, Calipatria State Prison Facility "B", Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 14, 2009.

Attorney(s) appearing for the Case

Jeffrey T. Renz, Director, Montana Defender Project, University of Montana School of Law, Missoula, MT, Attorney for the appellant; Zachary Strong, Law Student, Missoula, MT, argued the case for the appellant; Sabrina Hansen, Law Student, Missoula, MT, was on the briefs for the appellant.

Edmund G. Brown Jr., Attorney General, David S. Chaney, Chief Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Michelle Des Jardins, Supervising Deputy Attorney General, Phillip Lindsay, Deputy Attorney General, San Diego, CA; Attorney for the appellees.

Before: J. CLIFFORD WALLACE, JEROME FARRIS and M. MARGARET McKEOWN, Circuit Judges.

PER CURIAM:

Marella appeals from the district court's dismissal of his civil rights action for failure to exhaust administrative remedies, as required by the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). The district court had jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343 and 1367. We have jurisdiction under 28 U.S.C. § 1291, and we reverse and remand.

Marella, a prisoner at the Calipatria State Prison, filed a complaint...

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