Bayer

MEMORANDUM **

Jewell Smith, a Nevada state prisoner, appeals pro se the district court’s summary judgment in favor of prison officials in Smith’s 42 U.S.C. § 1983 action alleging unhealthy and unsanitary prison conditions in violation of his Eighth Amendment Rights. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir.2003). We vacate and remand.

Before a plaintiff can pursue a civil action with respect to prison conditions, he or she must exhaust the administrative remedies that are available. 42 U.S.C. § 1997e(a); Booth v. Churner, 532 U.S. 731, 738-40 , 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001). This provision does not require exhaustion of all remedies; it requires the exhaustion of “such administrative remedies as are available.” Id.

Here, it is undisputed that for 30 days Smith could not file a grievance because no grievance forms were available to inmates in Unit Seven. It is also undisputed that upon transfer to Unit Eight, Smith filed a grievance regarding prison conditions but prison officials never responded to his grievance. Under these circumstances, there was no available administrative remedy for…