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REYES v. SMITH

No. 13-17119.

810 F.3d 654 (2016)

David REYES, Plaintiff-Appellant, v. Christopher SMITH, Chief Physician and Surgeon, Mule Creek State Prison; Scott Heatley, Chief Medical Officer, Mule Creek State Prison, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed January 12, 2016.

January 12, 2016.

Attorney(s) appearing for the Case

Lesley Pak (argued), Frederick S. Chung , Stuart M. Rosenberg , Gibson, Dunn & Crutcher LLP, Palo Alto, CA, for Plaintiff-Appellant.

Kamala D. Harris , Attorney General of California, Jonathan L. Wolff , Senior Assistant Attorney General, Thomas S. Patterson , Supervising Deputy Attorney General, Jose A. Zelidon-Zepeda (argued), Deputy Attorney General, San Francisco, CA, for Defendants-Appellees.

Before: MICHAEL J. MELLOY, SANDRA S. IKUTA, and ANDREW D. HURWITZ, Circuit Judges.

OPINION

As a matter of first impression, we must decide whether an inmate has exhausted administrative remedies under the Prison Litigation Reform Act of 1995 (PLRA), 42 U.S.C. § 1997e, if his grievance is decided on the merits at all available levels of administrative...

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