Vlasich

MEMORANDUM **

California state prisoner Steven Vlasich 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.

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). Vlasich contends that defendants failed to prove that all three formal levels of the grievance process were available to him. This contention has merit.

California Department of Corrections (“CDC”) regulations provide a four step administrative process for prisoner grievances, an initial informal complaint and three levels of formal appeal. CahCode. Reg. tit. 15, § 3084.5. An informal complaint is a prerequisite to further administrative review. Id., § 3084.2(b). To make an informal complaint, a prisoner must submit a CDC form 602 describing the problem…