Woolley v. Fields

Ninth Circuit

Woolley v. Fields

136 F. App'x 968

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 29, 2005

DocketNo. 03-17237

StatusPublished

This text of 136 F. App'x 968 (Woolley v. Fields) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Woolley v. Fields, 136 F. App'x 968 (9th Cir. 2005).

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Opinion

MEMORANDUM

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At the time Woolley filed his federal action, the California Department of Corrections’ final response for each grievance was pending and within the time limits for agency response prescribed by CaLCode Regs. tit. 15, § 3084.5. The agency’s lack of complete compliance with the formalities and notice requirements at the lower appeal levels did not render the appeal process unavailable. See Porter v. Nussle, 534 U.S. 516, 524-25, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002) (recognizing that § 1997e affords “corrections officials time and opportunity to address complaints internally before allowing the initiation of a federal case.”). Cf. Ngo v. Woodford, 403 F.3d 620, 629 (9th Cir.2005) (concluding that the failure to file a timely grievance does not preclude a finding of exhaustion).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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MEMORANDUM

***

At the time Woolley filed his federal action, the California Department of Corrections’ final response for each grievance was pending and within the time limits for agency response prescribed by CaLCode Regs. tit. 15, § 3084.5. The agency’s lack of complete compliance with the formalities and notice requirements at the lower appeal levels did not render the appeal process unavailable. See Porter v. Nussle, 534 U.S. 516, 524-25, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002) (recognizing that § 1997e affords “corrections officials time and opportunity to address complaints internally before allowing the initiation of a federal case.”). Cf. Ngo v. Woodford, 403 F.3d 620, 629 (9th Cir.2005) (concluding that the failure to file a timely grievance does not preclude a finding of exhaustion).

AFFIRMED.

This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Circuit Rule 36-3.

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136 F. App'x 968, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woolley-v-fields-ca9-2005.

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