Patterson

MEMORANDUM **

Barry Northcross Patterson, an Arizona state prisoner, appeals pro se from the district court’s order dismissing without prejudice his 42 U.S.C. § 1983 action alleging prison officials violated his rights by using his inmate funds to pay his debts, and requiring him to use the prison’s inmate mail system. We review de novo a district court’s determination that a prisoner failed to exhaust administrative remedies. 42 U.S.C. § 1997 (e)(a); Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We affirm in part, reverse in part, and remand.

The Prison Litigation Reform Act requires a prisoner to exhaust “such administrative remedies as are available” before filing a federal action. See 42 U.S.C. § 1997e(a). Patterson’s complaint alleged that prison staff told him that account deductions are “non-grievable.” We reverse and remand for the district court to consider Patterson’s claim regarding his inmate trust account in light of our supervening decision in Brown v. Valoff, 422 F.3d 926, 935 (9th Cir.2005) (“a prisoner need not press on to exhaust further levels of review once he has either received all ‘available’ remedies at an intermediate level of review or been…