Bennett v. King, 293 F.3d 1096 (9th Cir. 2002). · Go Syfert
Bennett v. King, 293 F.3d 1096 (9th Cir. 2002). Cases Citing This Book View Copy Cite
76 citation events (76 in the last 25 years) across 8 distinct courts.
Strongest positive: Jean-Max Darbouze v. Dr. Greg Malet (caed, 2025-12-11)
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 41 distinct citers. How cited ↗
discussed Cited as authority (rule) Jean-Max Darbouze v. Dr. Greg Malet
E.D. Cal. · 2025 · confidence medium
LEGAL STANDARDS RE: EXHAUSTION OF ADMINISTRATIVE REMEDIES 21 A. Legal Standard re: Prison Litigation Reform Act 22 It is well established that the Prison Litigation Reform Act (“PLRA”) requires that a 23 prisoner exhaust available administrative remedies before bringing a federal civil rights action. 24 See 42 U.S.C. § 1997e(a); Ross v. Blake, 578 U.S. 632, 638-39 (2016); Jones v. Bock, 549 U.S. 25 199, 211 (2007) (“There is no question that exhaustion is mandatory under the PLRA and that 26 unexhausted claims cannot be brought in court.”). “[T]he PLRA’s exhaustion requirement 27 …
discussed Cited as authority (rule) Antwone Stokes v. Sgt. Costello
E.D. Cal. · 2025 · confidence medium
Exhaustion Standards 17 It is well established that the Prison Litigation Reform Act (“PLRA”) requires that a 18 prisoner exhaust available administrative remedies before bringing a federal civil rights action. 19 See 42 U.S.C. § 1997e(a); Ross v. Blake, 578 U.S. 632, 638-39 (2016); Jones v. Bock, 549 U.S. 20 199, 211 (2007) (“There is no question that exhaustion is mandatory under the PLRA and that 21 unexhausted claims cannot be brought in court.”). “[T]he PLRA’s exhaustion requirement 22 applies to all inmate suits about prison life, whether they involve general circumstances o…
discussed Cited as authority (rule) Lopez v. Martinez (2×) also: Cited "see"
N.D. Cal. · 2025 · confidence medium
Butler v. Adams, 397 F.3d 1181, 1183 (9th 13 Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) Shaw v. Stewart
D. Or. · 2025 · confidence medium
Cir. 2019); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002) (citation omitted).
cited Cited as authority (rule) (PC) Brown v. Director of Corrections
E.D. Cal. · 2024 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 6 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
discussed Cited as authority (rule) (PC) Luevano v. Jenkins
E.D. Cal. · 2024 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 2 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002). 3 Burden Re Exhaustion 4 A defendant bears the burden of establishing that a plaintiff failed to exhaust an available 5 administrative process.
cited Cited as authority (rule) (PC) Williams v. Romero
E.D. Cal. · 2023 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 19 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
discussed Cited as authority (rule) Picozzi v. State of Nevada
D. Nev. · 2023 · confidence medium
“The 7 PLRA’s exhaustion requirement applies to all inmate suits about prison life, whether they involve 8 general circumstances or particular episodes, and whether they allege excessive force or some other 9 wrong.” Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002) (quoting Porter v. Nussle, 534 U.S. 10 516, 532 (2002).
cited Cited as authority (rule) (PC) Dillingham v. Garcia
E.D. Cal. · 2022 · confidence medium
Butler v. Adams, 397 F.3d 1181, 1183 (9th Cir. 2005); Bennett v. King, 1 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) King v. Valley State Prison
E.D. Cal. · 2022 · confidence medium
Butler v. Adams, 397 F.3d 1181, 1183 (9th Cir. 2005); Bennett v. King, 21 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Gann v. Valley State Prison
E.D. Cal. · 2022 · confidence medium
Butler v. Adams, 397 F.3d 1181, 1183 (9th Cir. 2005); Bennett v. King, 5 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Love v. Perry
E.D. Cal. · 2022 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 11 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
discussed Cited as authority (rule) (PC) Smith v. Parriot
E.D. Cal. · 2022 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 5 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002); see also Cal. Code Regs. 6 tit. 15, § 3084.1(b) (explaining that a cancellation or rejection of an inmate’s appeal “does not 7 exhaust administrative remedies”).
discussed Cited as authority (rule) (PC) Rodriguez v. Tsui
E.D. Cal. · 2022 · confidence medium
See McKinney, 311 F.3d at 1200 -01 2 (if a prisoner has not exhausted available administrative remedies before filing his federal suit, the 3 court must dismiss the action without prejudice); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 4 2002) (affirming district court’s sua sponte dismissal of prisoner’s complaint for failure to 5 exhaust administrative remedies). 6 III.
discussed Cited as authority (rule) (PC) Zaiza v. Clark
E.D. Cal. · 2021 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 22 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002); see also Cal. Code Regs. 23 tit. 15, § 3084.1(b) (explaining that a cancellation or rejection of an inmate’s appeal “does not 24 exhaust administrative remedies”). 25 B.
discussed Cited as authority (rule) (PC) Martinez v. Navarro
E.D. Cal. · 2021 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 14 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002); see also Cal. Code Regs. 15 tit. 15, § 3084.1(b) (explaining that a cancellation or rejection of an inmate’s appeal “does not 16 exhaust administrative remedies”).
cited Cited as authority (rule) (PC) Shepherd v. Nueschmid
E.D. Cal. · 2021 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 12 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Hill v. Kernan
E.D. Cal. · 2021 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 7 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Howell v. Liddell
E.D. Cal. · 2021 · confidence medium
Butler v. 8 Adams, 397 F.3d 1181, 1183 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 9 2002).
discussed Cited as authority (rule) Causey v. Alameda County Santa Rita Jail
N.D. Cal. · 2020 · confidence medium
Roles v. Maddox, 439 F.3d 1016, 1018 (9th Cir. 2006). 4 “[T]he PLRA’s exhaustion requirement applies to all inmate suits about prison life, 5 whether they involve general circumstances or particular episodes, and whether they allege 6 excessive force or some other wrong.” Porter v. Nussle, 534 U.S. 516, 532 (2002); see, 7 e.g., Roles, 439 F.3d at 1018 (exhaustion requirement applies to claim that private prison 8 employee confiscated prisoner’s magazines); Bennett v. King, 293 F.3d 1096, 1097-98 (9th 9 Cir. 2002) (exhaustion requirement applies to claims of harassment by prison officia…
cited Cited as authority (rule) Lionel Valencia Ruiz v. LJ Milusnic
C.D. Cal. · 2020 · confidence medium
Cal. Mar. 1, 2013); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Scherffius v. Smith
E.D. Cal. · 2019 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 3 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
discussed Cited as authority (rule) (PC) Smith v. Gonzales
E.D. Cal. · 2019 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 22 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002); see also Cal. Code Regs. 23 tit. 15, § 3084.1(b) (explaining that a cancellation or rejection of an inmate’s appeal “does not 24 exhaust administrative remedies”).
cited Cited as authority (rule) Mark P. Gansert v. Orange County, California
C.D. Cal. · 2019 · confidence medium
Cal. Mar. 1, 2013); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Joy v. King
E.D. Cal. · 2019 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 27 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Burton v. Foulk
E.D. Cal. · 2019 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 17 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Ramirez v. Unknown
E.D. Cal. · 2019 · confidence medium
Butler v. Adams, 8 397 F.3d 1181, 1183 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) (PC) Allen v. Botkin
E.D. Cal. · 2019 · confidence medium
Butler v. Adams, 397 F.3d 1181 , 1183 24 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited as authority (rule) Aplin v. Garrick
D. Or. · 2019 · confidence medium
Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
discussed Cited as authority (rule) McClure v. Chen
E.D. Cal. · 2017 · confidence medium
Butler v. Adams, 397 F.3d 1181, 1183 (9th Cir. 2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002); see also Cal. Code Regs. tit. 15, § 3084.1 (b) (explaining that a cancellation or rejection of an inmate’s appeal “does not exhaust administrative remedies”).
discussed Cited as authority (rule) William Thornton v. Edmund G. Brown, Jr
9th Cir. · 2014 · confidence medium
BROWN good-time credits must proceed in habeas corpus, and not under § 1983.”); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002) (holding that a claim concerning harassment by prison guards is a challenge to a condition of confinement, which is properly brought under § 1983).
discussed Cited as authority (rule) William Thornton v. Edmund G. Brown, Jr
9th Cir. · 2014 · confidence medium
BROWN good-time credits must proceed in habeas corpus, and not under § 1983.”); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002) (holding that a claim concerning harassment by prison guards is a challenge to a condition of confinement, which is properly brought under § 1983).
discussed Cited as authority (rule) Visca Imelda v. U.S. Attorney General
11th Cir. · 2010 · confidence medium
We agree with our sister circuits that information about general changes in a country is insufficient; instead, the determination of whether the presumption is rebutted “requires an individualized analysis that focuses on the specific harm suffered and the relationship to it of the particular information contained in the relevant country reports.” Chand v. INS, 222 F.3d 1066, 1079 (9th Cir.2000); see also Gitimu, 581 F.8d at 773; Uruci v. Holder, 558 F.3d 14, 19-20 (1st Cir.2009); Alibasic v. Mukasey, 547 F.3d 78, 87 (2nd Cir.2008) (citation omitted); Palma-Mazariegos v. Gonzales, 428 F.3d…
cited Cited as authority (rule) Jesus Christ Prison Ministry v. California Department of Corrections
E.D. Cal. · 2006 · confidence medium
Butler v. Adams, 397 F.3d 1181, 1183 (9th Cir.2005); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir.2002).
cited Cited as authority (rule) Hazleton v. Alameida
C.D. Cal. · 2005 · confidence medium
See Cal.Code Regs. tit. 15, §§ 3084.1(a), 3084.5(a)(1),(b),(c) & (d); Bennett v. King, 293 F.3d 1096, 1098 (9th Cir.2002); Barry v. Ratelle, 985 F.Supp. 1235, 1237-38 (S.D.Cal.1997).
discussed Cited "see" Keith Darnell Johnson v. California Correctional Health Services
E.D. Cal. · 2025 · signal: see · confidence high
See Bennett v. King, 293 F.3d 1096 , 1098 28 (9th Cir. 2002) (affirming district court’s sua sponte dismissal of prisoner’s complaint because he 1 failed to exhaust his administrative remedies).
cited Cited "see" McGee v. Pedro
D. Or. · 2025 · signal: see · confidence high
See Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002). "[A] court may not excuse a failure to exhaust." Ross v. Blake, 578 U.S. 632, 639 (2016) (citation omitted).
discussed Cited "see" Harrison v. Kernan
N.D. Cal. · 2024 · signal: see · confidence high
See Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 19 2002) (affirming district court’s sua sponte dismissal of unexhausted claims). 20 CONCLUSION 21 Accordingly, for the reasons stated herein, Defendant’s Motion to Dismiss (dkt. 96) is 22 || GRANTED; Plaintiff's Motion for Summary Judgment (dkt. 91) is DENIED as moot; and, 23 Plaintiff's Complaint (dkt. 1-1) is DISMISSED as moot.
cited Cited "see, e.g." Thomas Leonard Berry v. Wallace; Derkson; Garibay; and Loberg
D. Or. · 2026 · signal: see also · confidence medium
See id. at 90-91 ; see also Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
cited Cited "see, e.g." Middleton v. Reyes
D. Or. · 2025 · signal: see also · confidence medium
See id. at 90-91 ; see also Bennett v. King, 293 F.3d 1096, 1098 (9th Cir. 2002).
discussed Cited "see, e.g." Carroll v. San Diego County Jail Sheriff
S.D. Cal. · 2020 · signal: see also · confidence low
Nevertheless “‘[s]trict time limits ... ought not to be insisted 22 upon’ where restraints resulting from a pro se ... plaintiff’s incarceration prevent timely 23 compliance with court deadlines.” Eldridge v. Block, 832 F.2d 1132, 1136 (9th Cir. 1987) 24 (citing Tarantino v. Eggers, 380 F.2d 465, 468 (9th Cir. 1967); see also Bennett v. King, 25 293 F.3d 1096 , 1098 (9th Cir. 2000) (reversing district court’s dismissal of prisoner’s 26 amended pro se complaint as untimely where mere 30-day delay was result of his 27 disciplinary segregation).
Retrieving the full opinion text from the archive…
Frederick D. Bennett
v.
M. King Cable A. Lopez McGee Bebe Riley Carmichael Edwards Hailey, C.O. Cruz, Correctional Officer Whitford Smith Christ, Correctional Order and Officer Vanderhoffen, Opinion Correctional Officer Stacey Leovich, Correctional Officer Birondo, Sgt. Lucas, Sgt.
97-15848.
Court of Appeals for the Ninth Circuit.
Jun 11, 2002.
293 F.3d 1096
Cited by 17 opinions  |  Published

293 F.3d 1096

Frederick D. BENNETT, Plaintiff-Appellant,
v.
M. KING; Cable; A. Lopez; McGee; Bebe; Riley; Carmichael; Edwards; Hailey, C.O.; Cruz, Correctional Officer; Whitford; Smith; Christ, Correctional Order and Officer; Vanderhoffen, Opinion Correctional Officer; Stacey; Leovich, Correctional Officer; Birondo, Sgt.; Lucas, Sgt., Defendants-Appellees.

No. 97-15848.

United States Court of Appeals, Ninth Circuit.

Submitted December 9, 1998.[1]

Filed June 11, 2002.

Frederick D. Bennett, pro se.

No appearance by the appellees.

Appeal from the United States District Court for the Northern District of California; Vaughn R. Walker, District Judge, Presiding, D.C. No. CV-97-00384-VRW.

Before REINHARDT, NOONAN and HAWKINS, Circuit Judges.

ORDER AND OPINION

NOONAN, Circuit Judge.

ORDER

[*~1096]1

The order filed on March 7, 2000 is hereby withdrawn.

OPINION

2

Frederick Douglas Bennett appeals the dismissal of his civil rights complaint for failure to file an amended complaint alleging only claims for which he had exhausted available administrative remedies. We affirm the judgment of the district court entered pursuant to the Prison Litigation Reform Act of 1996 (PLRA), 42 U.S.C. § 1997e(a) (West Supp.2000).

PROCEEDINGS

3

Frederick Douglas Bennett is an inmate of the Pelican Bay State Prison of the State of California. According to the lengthy narrative that constitutes his complaint, Bennett for religious reasons wears dreadlocks. Dreadlocks are permitted by the prison. A corrections officer, however, contended that his hair was in braids, not dreadlocks, and ordered Bennett to unbraid his hair. When Bennett refused, a series of harassments by prison officers allegedly resulted. He was several times denied food. He was given torn bed sheets. His legal papers were lost. His access to the law library was restricted. He was assaulted by officers intending to inflict pain on him as they removed him from his cell.

4

In 1995 Bennett began pro se a civil rights suit against the warden and nineteen other officers of the prison. The suit was filed in the Southern District of California. On December 4, 1996, it was dismissed to permit refiling in the proper venue, the Northern District of California. The suit was refiled on February 3, 1997, so that the exhaustion provisions of the PLRA apply to the complaint.

5

On February 12, 1997, the district court ruled that all of Bennett's claims were governed by 42 U.S.C. § 1997e(a) requiring the exhaustion of administrative remedies before bringing an action "with respect to prison conditions." The district court accordingly dismissed with leave to file an amended complaint alleging only claims for which Bennett had exhausted available administrative remedies. Bennett was also directed to file documentary proof that he had exhausted each claim by having presented it in a prison appeal to the third and final level of review.

[*~1097]6

On February 18, 1997, Bennett was charged by prison officials with breaking his cup in his cell, refusing to submit to restraints, breaking the sprinkler in his cell, and assaulting staff. According to his account, he was removed to a "Cap Cell" where he was permitted a maximum of three pounds of personal property. Any legal work done by Bennett required special authorization by the facility lieutenant. His legal materials were boxed and removed from his possession. As a result of these restrictions, Bennett failed to amend his complaint in thirty days. On March 27, 1997, his action was dismissed by the district court, and the clerk was directed to close the file.

7

On April 8, 1997, Bennett refiled his original complaint with added documentation but no evidence of appeal to the third level of review, the Director of Corrections in Sacramento. On April 14, 1997, he filed with the district court the information explaining his delay in amending. The district court construed the refiled complaint as in part a motion for reconsideration of the order of dismissal and denied it as both untimely and as not responsive to the court's earlier order.

8

Bennett appeals.

ANALYSIS

9

Excusable Delay. Bennett's unchallenged explanation of why he was not able to comply with the district court's deadline for amendment of his complaint served as excuse. An extension of time should have been granted this pro se litigant. Eldridge v. Block, 832 F.2d 1132, 1136 (9th Cir.1987). His refiled complaint must be considered in terms of the other ground on which it was dismissed.

10

Claims Seeking Relief From Prison Conditions. The complaint presents a man who is intelligent, who asserts his rights, and who is not easy on his jailers. As we have before us only his statements, we are not in a position to adjudicate their truth. We treat them as true for the purpose of determining the sufficiency of his complaint.

11

The Supreme Court has now authoritatively concluded "that the PLRA's exhaustion requirement applies to all inmate suits about prison life, whether they involve general circumstances or particular episodes, and whether they allege excessive force or some other wrong." Porter v. Nussle, 534 U.S. 516, ___, 122 S.Ct. 983, 992, 152 L.Ed.2d 12 (2002). Bennett did not exhaust his administrative remedies.

[*~1098]12

AFFIRMED.

Notes:

1

The panel unanimously finds this case suitable for decision without oral argumentSee Fed.R.App.P. 34(a)(2).