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SAPP v. KIMBRELL

No. 05-15745.

623 F.3d 813 (2010)

Ivan Terrance SAPP, Plaintiff-Appellant, v. D. KIMBRELL; Douglas Peterson; P. Van Cor; C. Crapotta, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 27, 2010.

Attorney(s) appearing for the Case

Randall R. Lee and Matthew D. Benedetto (argued), Wilmer Cutler Pickering Hale and Dorr LLP, Los Angeles, CA, for plaintiff-appellant Ivan Terrance Sapp.

Edmund G. Brown, Jr. , Attorney General; Rochelle C. East, Senior Assistant Attorney General; Monica N. Anderson , Supervising Deputy Attorney General; and Michelle L. Angus (argued), Deputy Attorney General, Sacramento, CA, for defendants-appellees Kimbrell, Van Cor, and Peterson.

Before: BETTY B. FLETCHER and RICHARD A. PAEZ, Circuit Judges, and EDWARD R. KORMAN, District Judge.

PAEZ, Circuit Judge:

In 2002, Ivan Terrance Sapp, a California state prisoner, filed a series of administrative grievances seeking medical care for an eye condition. He never exhausted these grievances, however, because a prison official screened them out for various reasons. Sapp ultimately filed this suit under 42 U.S.C. § 1983, which the district court dismissed because Sapp had not exhausted his administrative remedies, as required by the Prison Litigation...

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