Bustillo v. Quinlan

972 F.2d 1337 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Fernando BUSTILLO, Petitioner-Appellant, v. Michael J. QUINLAN, Director, Federal Bureau of Prisons; C.R. Edwards, Regional Director; W. Seifert, Warden, of the Metropolitan Detention Center; R.L. Elmer, Captain, et al., Respondents-Appellees. No. 91-55288. United States Court of Appeals, Ninth Circuit. Submitted July 8, 1992. * Decided July 23, 1992. Before FARRIS, WIGGINS and FERNANDEZ, Circuit Judges. 1 MEMORANDUM ** 2 Fernando Bustillo, a federal prisoner, appeals pro se the dismissal of his civil rights action without prejudice for failure to exhaust administrative remedies. We reverse. BACKGROUND 3 Bustillo filed a pro se civil rights complaint against federal prison officials on October 5, 1990. The complaint form asked if the plaintiff had used a prison grievance procedure. Bustillo stated that he submitted an initial complaint form but the "[prison] staff refused to respond." Bustillo alleged that…