Darryl Hubbard v. C. Houghland

MEMORANDUM

Darryl Hubbard filed this lawsuit under 42 U.S.C. § 1983 against two correctional officers at High Desert State Prison, alleging that they used excessive force against him. A magistrate judge recommended that the defendants’ motion to dismiss for failure to exhaust administrative remedies be granted, see 42 U.S.C. § 1997e(a); Woodford v. Ngo, 548 U.S. 81, 93 , 126 S.Ct. 2378 , 165 L.Ed.2d 368 (2006), and the district judge adopted the magistrate’s recommendation. Hubbard appeals, arguing that the district court erred by granting the defendants’ motion to dismiss without holding an evidentiary hearing.

We reverse. Hubbard filed a declaration stating that he submitted an administrative grievance relating to the incident that gave rise to his suit on July 13, 2008. If this statement is true, Hubbard cannot be deemed to have failed to exhaust the administrative remedies that were available to him. However, the district court, without holding an evidentiary hearing, determined that Hubbard’s statement was not credible. In making this credibility determination without holding an evidentiary hearing, the district court abused its discretion. See United Commercial Ins. Serv.,…