Jordan

Jordan v. Raduenz

Good Law
86 F. App'x 329
United States Court of Appeals for the Ninth CircuitJanuary 20, 2004No. 03-15646; D.C. No. CV-01-02398-MHMCalifornia350 words

Opinion

Lead Opinion

MEMORANDUM **

Cedric Ross Jordan, an Arizona state prisoner, appeals from the district court’s summary judgment dismissing his 42 *330 U.S.C. § 1983 action for failure to exhaust administrative remedies under the Prisoner Litigation Reform Act (“PLRA”), 42 U.S.C. § 1997e(a). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review a grant of summary judgment de novo. Western States Medical Center v. Shalala, 238 F.3d 1090, 1093 (9th Cir.2001). We vacate and remand for entry of judgment without prejudice.

On September 3, 2000, Jordan filed a grievance claiming that two correction officers placed his life in danger when they conspired to leave him in a humid shower stall for two hours. On September 15, 2000, Jordan was released from prison on community-supervised release. On October 5, 2000, the grievance coordinator issued a decision on the grievance. On October 6, 2000, Jordan was returned to the custody of the Arizona Department of Corrections (“ADC”).

The ADC’s inmate grievance system provides that the expiration of the time limit at any level in the process entitles the inmate to proceed to the next review level. Although it is not clear whether Jordan ever received the…

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