Irby

MEMORANDUM *

Former California state prisoner Michael Irby appeals pro se the district court’s summary judgment dismissing his federal civil rights action for failure to exhaust administrative remedies. We review the factual findings regarding exhaustion for clear error and the application of substantive law de novo. Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir.2003). Exercising our jurisdiction under 28 U.S.C. § 1291 , we reverse and remand.

*495 The Prison Litigation Reform Act requires a prisoner to exhaust “such administrative remedies as are available” before filing a federal lawsuit. 42 U.S.C. § 1997e(a). As a general matter, the administrative process established by the California Department of Corrections (“CDC”) has four distinct steps: (1) informal complaint; (2) first formal appeal to an appeals coordinator; (3) second formal appeal to the institution head, regional parole administrator, or their designee; and (4) third level appeal to a designated representative of the director under supervision of the chief, inmate appeals. 15 Cal. Code. Reg. § 3084.5. A prisoner’s informal complaint must be submitted on CDC Form 602. Id. at § 3084.2(a). The prison evaluates the…