Ringler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Edwin McMillan, No. 2:13-cv-00578-KJM-KJN Plaintiff, ORDER v. S. Ringler, et al., 1S Defendants. 16 Defendants Ringler, Scotland, and Zuniga apply ex parte for leave to contend that plaintiff Edwin McMillan did not exhaust his administrative remedies before filing this action, as required 19 by the Prison Litigation Reform Act (PLRA). See Ex Parte App., ECF No. 178; 42 U.S.C. § 1997e(a). A defendant bears the burden to both plead and prove that a plaintiff has not exhausted administrative remedies under the PLRA. Jones v. Bock, 549 U.S. 199, 216 (2007); Albino v. Baca, 747 F.3d 1162, 1168 (9th Cir. 2014) (en banc). The defendants did not assert in their 24 answer that Mr. McMillan did not exhaust his administrative remedies. See generally Answer, ECF No. 66. As they acknowledge, they could only assert this defense now if they amended their answer. See Ex Parte…