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ALBINO v. BACA

No. 10-55702.

697 F.3d 1023 (2012)

Juan Roberto ALBINO, Plaintiff-Appellant, v. Lee BACA, Los Angeles County Sheriff; Los Angeles County, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 21, 2012.

Attorney(s) appearing for the Case

Andrea R. St. Julian , San Diego, CA, for the plaintiff-appellant.

Christian E. Foy Nagy and James C. Jardin (argued), Collins Collins Muir + Stewart, LLP, South Pasadena, CA, for the defendant-appellee.

Opinion by Judge N.R. SMITH; Dissent by Judge GILMAN.

OPINION

N.R. Smith, Circuit Judge:

An inmate's lack of awareness of a correctional institution's grievance procedure does not make the administrative remedy "unavailable" for purposes of the Prison Litigation Reform Act ("PLRA"), 42 U.S.C. § 1997e(a), unless the inmate meets his or her burden of proving the grievance procedure to be unknowable. See Hilao v. Estate of Marcos, 103 F.3d 767, 778 n. 5 (9th Cir.1996...

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