Parsons

Alvarez Gallegos v. Parsons

Good Law
315 F. App'x 659
United States Court of Appeals for the Ninth CircuitMarch 3, 2009No. 04-56343California443 words

Opinion

Lead Opinion

*660 MEMORANDUM *

Gerardo Richardo Gallegos, a California prisoner, appeals from the district court’s dismissal of his civil rights action for failure to exhaust administrative remedies, as required under the Prison Litigation Reform Act of 1995 (“PLRA”), 42 U.S.C. § 19976 (a). 1 Gallegos alleges that the defendants were deliberately indifferent to his medical needs in that his stomach cancer grew undetected for approximately two years and caused the partial loss of his stomach, suffering, and other injuries. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we reverse and remand.

Gallegos argues that he is not required to exhaust because the California prison grievance system could not provide any form of redress for his injuries. He claims that money damages, which the administrative process cannot provide, are the only remedy for the completed harms that he has suffered. In Booth v. Churner, 5 32 U.S. 731 , 734, 121 S.Ct. 1819 , 149 L.Ed.2d 958 (2001), the Supreme Court held that a prisoner must pursue a remedy through the grievance process as long as some action can be ordered in response to the complaint. As the district court correctly concluded, the prison system…

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