Ervine

MEMORANDUM **

California state prisoner Dennis N. Er-vine appeals pro se the district court’s judgment dismissing without prejudice his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction under 28 U.S.C. § 1291 . We review the district court’s factual findings regarding exhaustion of administrative remedies for clear error and its application of substantive law de novo. Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir.2003). We vacate and remand.

*68 Before bringing an action in district court, a prisoner is required to exhaust “such administrative remedies as are available.” 42 U.S.C. § 1997e(a). Ervine contends that the formal levels of the grievance process were not available to him because prison officials failed to return the form he submitted at the informal level, which he was required to re-submit at each of the next three levels pf the process. This contention has merit.

California Department of Corrections (“CDC”) regulations provide a four step administrative process for prisoner grievances: (1) informal complaint, (2) first formal appeal with an appeals coordinator, (3) second level review by the institution head, regional…