Viet Mike Ngo v. Jeanne S. Woodford, Warden A.P. Kane

We are asked to determine whether the district court properly dismissed a prisoner’s complaint for failing to exhaust all available administrative remedies as required by the Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (1996) (codified as amended in scattered sections of 18, 28, and 42 U.S.C.), even though the prisoner’s administrative appeal was deemed time-barred and no further level of appeal remained in the state prison’s internal appeals process. This is an issue of first impression in our Circuit. We have jurisdiction under 28 U.S.C. § 1291 , and reverse.

I. Background

Viet Mike Ngo is currently serving a life sentence at Avenal State Prison in California. Previously, Ngo was incarcerated at San Quentin State Prison. While at San Quentin, Ngo was placed in administrative segregation on October 26, 2000, as punishment for alleged “inappropriate activity” with volunteer Catholic priests. In December 2000, Ngo was placed back in the general prison population. As a condition of his release from administrative segregation, Ngo was restricted from participating in “special programs,” such as evening fellowship and Bible study sessions. The prison…