Wilson

Wilson v. Mata

Good Law
348 F. App'x 237
United States Court of Appeals for the Ninth CircuitOctober 7, 2009No. 08-16703California319 words

Opinion

Lead Opinion

MEMORANDUM **

Jack Men Wilson, a former California state prisoner, appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action, without prejudice, for failure to exhaust administrative remedies as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). We have jurisdiction under 28 U.S.C. § 1291 . We review de novo. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir.2003). We vacate and remand.

The district court concluded that Wilson failed to exhaust prison remedies with respect to his claim that Mata denied him access to his legal materials in retaliation for filing grievances. However, the March 12, 2005 grievance complaining about Mata’s refusal to transport Wilson to his legal materials gave the prison adequate notice of the ñatee of the wrong Wilson sought to be remedied — namely, Mata’s alleged refusal to provide Wilson access to his legal materials. See Griffin v. Arpaio, 557 F.3d 1117, 1120-21 (9th Cir.2009) (holding that a grievance generally suffices for exhaustion purposes if it alerts the prison to the nature of the wrong for which redress is sought, and that it need not include legal terminology or theories unless they are in…

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