Donald Stratton v. Julie Buck

Plaintiff-Appellant Donald Lyle Stratton (“Stratton”) appeals from the judgment in favor of Defendant-Appellee Dale Brown (“Brown”) entered pursuant to the order granting Brown’s motion to dismiss for failure to exhaust administrative remedies. Stratton argues that the district court erred in considering matters outside of the pleadings and in dismissing his case because the district court failed to provide him with notice of the requirements for a response to a motion to dismiss for failure to exhaust administrative remedies in which the district court considers documents beyond the pleadings. Stratton also argues that the district court erred in concluding that he failed to exhaust his administrative remedies.

We hold that Stratton was entitled to notice — similar to the notice for motions for summary judgment described in Rand v. Rowland, 154 F.3d 952 (9th Cir.1998) (en banc) — explaining the requirements for a response to Brown’s motion to dismiss for failure to exhaust administrative remedies and the consequences if the district court granted the motion. We further hold that Stratton had a substantial right to such notice and that the district court’s failure to…