Janis

MEMORANDUM ***

Gust Marion Janis appeals from the district court’s judgment dismissing his complaint for failure to exhaust. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we reverse and remand for further proceedings consistent with this opinion.

Janis, an inmate in the United States Penitentiary at Lompoc, brought this Bivens action alleging numerous claims against various prison officials. After having obtained an extension of the deadline to respond to Janis’s complaint from February 25 until April 8, 2002, defendants, on April 11, filed a motion for summary judgment, supported by the 128-page declaration of Nellie T. Klein, Supervisory Attorney at the United States Penitentiary in Lompoc, California. The motion was noticed for May 6. On that day, Janis lodged his Ex Parte Application for Extension of Time to File an Opposition to Defendants’ Motion for Summary Judgment and for Order Postponing Defendants’ Motion for Summary Judgment until Discovery has been Completed. Janis attached his own twelve-page declaration outlining the following factors in support of a continuance: (1) Janis’s access to the prison library was severely restricted; (2) the prison library did…