Vaden

I. BACKGROUND

The California Department of Corrections provides a four- step grievance process for prisoners who seek review of an administrative decision or perceived mistreatment: an infor- mal level, a first formal level, a second formal level, and the Director’s level. Brown v. Valoff, 422 F.3d 926, 929-30 (9th Cir. 2005) (citing Cal. Code Regs., tit. 15 §§ 3084.5(a), 3084.5(e), 3084.6(c)).

Ernest Lee Vaden, an inmate at High Desert State Prison, a California state facility, submitted an Inmate/Parolee Appeal Form (“CDC 602”) alleging misconduct by Defendants Gower, Chapman, and St. Andre, all prison employees. His inmate appeal bypassed the informal level of review, was par- tially granted at the first formal level of review, was partially granted at the second formal level of review, and was denied at the Director’s level of review.

While his grievance was still pending before the Director, on November 3, 2003, Vaden sent a complaint to the district court requesting relief under 42 U.S.C. § 1983 against Defen- dants Summerhill,1 Gower, St. Andre, Chapman, and Duncan.2 Vaden also sought permission to proceed in forma pauperis. On March 10, 2004, by which time the…