Andres

ORDER

The opinion filed April 21, 2017, and published at 854 F.3d 1103 , is amended. An amended opinion is filed concurrently with this order.

Defendants-Appellees’ petition for rehearing, filed June 2, 2017 (Dkt. 32), is denied as moot.

Appellant’s “Response to Defendant’s Appeal,” filed June 16, 2017 (Dkt. 33), is construed as an unrequested answer to the petition for panel rehearing and, as such, is ordered stricken. See Fed. R. App. P. 40(a)(3) (“Unless the court requests, no answer to a petition for panel rehearing is permitted.”).

Petitions for rehearing may be filed regarding the amended opinion.

OPINION

California state prisoner Kevin Lamarr Andres appeals pro se from the district court’s summary judgment in his 42 U.S.C. § 1983 action alleging excessive force. 1 We have jurisdiction under 28 U.S.C. §. 1291. We review de novo legal rulings on exhaustion. Albino v. Baca, 747 F.3d 1162, 1171 (9th Cir. 2014). We vacate and remand.

This action arises from Andres’ allegations that defendant Marshall used excessive force against him on January 23, 2013, while Andres was incarcerated at the Don-oyan Correctional Facility (“DCF”). Two days after the incident, Andres filed a…