United States Ninth Circuit

The Prison Litigation Reform Act does not mandate dismissal of an entire action that contains exhausted and unexhausted claims since the district court may exercise its discretion in granting leave to amend such a defective complaint.

Appellate Information

• Argued 11/02/2004
• Decided 11/01/2005
• Published 11/01/2005

Judges

• BERZON, Circuit Judge:, Before: REINHARDT, THOMPSON, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Douglas A. Winthrop and Warren Metlitzky, Howard Rice Nemerovski Canady Falk & Rabin, San Francisco, CA, for the plaintiff-appellant.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Paul D. Gifford, Senior Assistant Attorney General, Frances T. Grunder, Senior Assistant Attorney General, Rochelle C. Holzmann, Supervising Deputy Attorney General, Barbara C. Spiegel, Supervising Deputy Attorney General, and Jonathan L. Wolff, Supervising Deputy Attorney General, San Francisco, CA, for the defendants-appellees.