FILED

NOT FOR PUBLICATION JAN 03 2014

MOLLY C. DWYER, CLERK

UNITED STATES COURT OF APPEALS U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

TRAVIS MORGAN, successor-in-interest, No. 12-55748

Plaintiff - Appellant, D.C. No. 2:11-cv-06227-ODW-

AGR

v.

COUNTY OF LOS ANGELES; LOS MEMORANDUM*

ANGELES COUNTY SHERIFFS

DEPARTMENT; LEROY BACA,

individual and in his official capacity; ERIC TUNFORSS, individual and in his official capacity; PARVANEH P.

SOLNOUNI, M.D.; PATRICK C. PAIK,

M.D.; KAMRON K. HAKHAMIMI,

M.D.; POLICAPRIO F. ENRIQUEZ,

M.D.; HYO N. LEE; SUZANNE M.

MCDONALD; CHU-HSIAN CHI, M.D.,

Defendants - Appellees.

Appeal from the United States District Court for the Central District of California Otis D. Wright, II, District Judge, Presiding

Argued and Submitted December 3, 2013 Pasadena, California

* This disposition is not appropriate for publication and is not precedent except as provided by 9th Cir. R. 36-3. Before: SCHROEDER, NOONAN, and CLIFTON, Circuit Judges.

Adrian Scott Morgan filed this action against Los Angeles County and

various prison officials claiming violation of federal constitutional and statutory

rights in defendants’ failure to provide adequate treatment for a broken leg. The

district court erred in dismissing the action for failure to exhaust administrative

remedies. The record shows that an administrative complaint was filed and does

not show that there was any response. A prisoner who receives either no response

or an incomplete response to a complaint has exhausted his administrative

remedies. See Brown v. Valloff, 422 F.3d 926, 936 (9th Cir. 2005). Here, there

was exhaustion.

Morgan is now deceased and his son has been substituted as the plaintiff.

He indicates that additional claims may be now be filed. We therefore reverse the

judgment of the district court so that it may consider the federal claims and permit

amendment of the complaint to assert any additional state or federal claims that

may have arisen as a result of Morgan’s death.

REVERSED and REMANDED.

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