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RHODES v. ROBINSON

No. 08-16363.

621 F.3d 1002 (2010)

Kavin Maurice RHODES, Plaintiff-Appellant, v. M. ROBINSON; Ron Blevins; Sara Malone; R & R Officer; R & R Sergeant; Ombudsman; C. Nelson; Correctional Officer; V. Pazo, Correctional Officer; B. Jones, Sergeant; Robertson, Sergeant; J. Tidwell, Correctional Officer; A. Lopez, Facility Captain; Huebner, Lieutenant, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 8, 2010.

Attorney(s) appearing for the Case

Kavin M. Rhodes , Kern Valley State Prison, Delano, CA, the plaintiff-appellant pro se.

John W. Riches II , Deputy Attorney General, Sacramento, CA for the defendants-appellees.

Before DIARMUID F. O'SCANNLAIN, A. WALLACE TASHIMA, and CARLOS T. BEA, Circuit Judges.

OPINION

TASHIMA, Circuit Judge:

The district court sua sponte dismissed claims thirteen through thirty-three of prisoner Kavin Rhodes' ("Rhodes") second amended complaint ("SAC"), holding that they had not been exhausted, as required by the Prison Litigation Reform Act of 1995 ("PLRA"), which states "[n]o action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any...

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