Ernest Lee Vaden v. K. Summerhill R.L. Gower St. Andre Chapman W.A. Duncan, 449 F.3d 1047 (9th Cir. 2006). · Go Syfert
Ernest Lee Vaden v. K. Summerhill R.L. Gower St. Andre Chapman W.A. Duncan, 449 F.3d 1047 (9th Cir. 2006). Cases Citing This Book View Copy Cite
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Concurrence Joseph Brown v. Sage (2018)
“See also O'Neal v. Price , 531 F.3d 1146 , 1152 (9th Cir. 2008) ("[W]e conclude that a plaintiff has 'brought' an action for purposes of § 1915(g) when he submits a complaint and request to proceed in forma pauperis to the court."); Vaden v.Summerhill , 449 F.3d 1047 , 1050 (9th Cir. 2006) (adopting holding in Ford ).”
Dissent Sheets v. Terhune (2008)
“We review de novo, Vaden v. Summerhill, 449 F.3d 1047, 1049 (9th Cir.2006), and we affirm.”
Top citers, strongest first. 50 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Erik Jackson Williams v. Riverside County
C.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
may initiate litigation in federal court only after the administrative process ends and leaves his grievances unredressed. it would be inconsistent with the objectives of the statute to let him submit his complaint any earlier than that.
examined Cited as authority (verbatim quote) Erik Jackson Williams v. Riverside County
C.D. Cal. · 2024 · quote attribution · 1 verbatim quote · confidence high
may initiate litigation in federal court only after the administrative process ends and leaves his grievances unredressed. it would be inconsistent with the objectives of the statute to let him submit his complaint any earlier than that.
examined Cited as authority (verbatim quote) Mack v. San Mateo County
N.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence high
may initiate litigation in 3 federal court only after the administrative process ends and leaves his grievances unredressed. it 4 would be inconsistent with the objectives of the statute to let him submit his complaint any earlier 5 than that.
discussed Cited as authority (verbatim quote) (PC) McNutt v. Unknown
E.D. Cal. · 2022 · quote attribution · 1 verbatim quote · confidence high
because vaden 2 did not exhaust his administrative remedies prior to sending his complaint to the district court, the 3 district court must dismiss his suit without prejudice.
examined Cited as authority (verbatim quote) (PC) Jones v. Senogor
E.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence high
may initiate litigation in federal 6 court only after the administrative process ends and leaves his grievances unredressed. it would 7 be inconsistent with the objectives of the statute to let him submit his complaint any earlier than 8 that.
examined Cited as authority (verbatim quote) Garcia v. Park
N.D. Cal. · 2021 · signal: see · quote attribution · 1 verbatim quote · confidence high
23 may initiate litigation in federal court only after the administrative process ends and leaves his 24 grievances unredressed. it would be inconsistent with the objectives of the to let him 25 submit his complaint any earlier than that.
discussed Cited as authority (verbatim quote) Ricker v. Salas
S.D. Cal. · 2020 · signal: see also · quote attribution · 1 verbatim quote · confidence high
may initiate litigation 5 in federal court only after the administrative process ends and leaves his grievances 6 unredressed.
examined Cited as authority (verbatim quote) (PC) Loguidice v. California Correctional Health Care Services
E.D. Cal. · 2020 · signal: see · quote attribution · 1 verbatim quote · confidence high
may initiate 22 litigation in federal court only after the administrative process ends and leaves his grievances 23 unredressed. it would be inconsistent with the objectives of the statute to let him submit his 24 complaint any earlier than that.
examined Cited as authority (quoted) (PC) Tinsley v. Tileston
E.D. Cal. · 2021 · quote attribution · 1 verbatim quote · confidence low
may initiate litigation in federal court only after the 22 administrative process ends and leaves his grievances unredressed. it would be inconsistent with 23 the objectives of the statute to let him submit his complaint any earlier than that.
cited Cited as authority (rule) Francisco Sanchez v. Unknown Marion, et al.
D. Ariz. · 2026 · confidence medium
See 42 U.S.C. § 1997e(a); 4 Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006); Brown v. Valoff, 422 F.3d 926 , 5 934-35 (9th Cir. 2005).
cited Cited as authority (rule) Elieser Felix, Jr. v. D. Saterfield
E.D. Cal. · 2025 · confidence medium
O’Neal v. Price, 531 F.3d 1146 , 1151 20 (9th Cir. 2008) (citing Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 21 B.
cited Cited as authority (rule) Dayshaun Darion Conner v. Christopher Carter, et al.
D. Ariz. · 2025 · confidence medium
See 42 U.S.C. § 1997e(a); 4 Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006); Brown v. Valoff, 422 F.3d 926 , 5 934-35 (9th Cir. 2005).
cited Cited as authority (rule) Morley v. Naphcare Medical Department
E.D. Wash. · 2025 · confidence medium
Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006); Brown v. 20 Valoff, 422 F.3d 926 , 934–35 (9th Cir. 2005).
cited Cited as authority (rule) Koons 106486 v. Smith
D. Ariz. · 2025 · confidence medium
See 42 U.S.C. § 1997e(a); 12 Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006); Brown v. Valoff, 422 F.3d 926 , 13 934–35 (9th Cir. 2005).
cited Cited as authority (rule) (PC) Harris v. Burns
E.D. Cal. · 2025 · confidence medium
O’Neal v. Price, 531 F.3d 1146 , 1151 5 (9th Cir. 2008) (citing Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 6 II.
discussed Cited as authority (rule) Evans v. Superintendent
S.D.N.Y. · 2025 · signal: cf. · confidence medium
See id. at 2-3; cf. Vaden v. Summerhill, 449 F.3d 1047, 1048 (9th Cir. 2006) (“[T]he PLRA requires that a 1.)6 Plaintiff submitted his grievance on January 14, 2024, and the IGRC responded on January 29, 2024, just two days before the Court received the complaint.
cited Cited as authority (rule) (PC) Avalos v. Kirchen-Rolph
E.D. Cal. · 2025 · confidence medium
O’Neal v. Price, 531 F.3d 1146, 1151 (9th Cir. 2008) (citing Vaden v. 21 Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 22 II.
discussed Cited as authority (rule) (PC) Powell v. Spurlen (2×) also: Cited "see"
E.D. Cal. · 2025 · confidence medium
Porter v. Nussle, 534 U.S. 516 , 8 524-25 (2002); Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) (quoting Nussle). 9 Here, Plaintiff has alleged in his complaint three claims: Claim 1- “Due Process Rights”; 10 Claim 2- “Cruel and Unusual Punishment”; Claim 3- “Due Process Rights”.
discussed Cited as authority (rule) WILLIAMS v. STICKNEY
E.D. Pa. · 2025 · confidence medium
The court held that “a prisoner has ‘brought an action’ for purposes of the PLRA as soon as he tenders or submits a complaint to the district court,” id. at 661–62, an interpretation that accords with the Seventh and Ninth Circuits’ interpretation of “brought” in 42 U.S.C § 1997e(a), id. at 662–63 (citing Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) and Ford v. Johnson, 362 F.3d 395 , 399–400 (7th Cir. 2004)); cf. Law v. Siegel, 571 U.S. 415, 422 (2014) (applying “the ‘normal rule of statutory construction’ that words repeated in different parts of the sa…
cited Cited as authority (rule) Escobar 286408 v. Irby
D. Ariz. · 2025 · confidence medium
See 42 U.S.C. § 1997e(a); 4 Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006); Brown v. Valoff, 422 F.3d 926 , 5 934-35 (9th Cir. 2005).
cited Cited as authority (rule) (PC) McGee, II v. Madera Toyota, Cheverlet
E.D. Cal. · 2025 · confidence medium
O’Neal v. Price, 531 F.3d 1146 , 1151 22 (9th Cir. 2008) (citing Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 23 III.
discussed Cited as authority (rule) (PC) Lanier v. Doerer (2×) also: Cited "see"
E.D. Cal. · 2025 · confidence medium
Vaden v. Summerhill, 449 F.3d 1047, 1048 (9th Cir. 2006).
discussed Cited as authority (rule) Prieto v. Doe (2×) also: Cited "see"
E.D. Cal. · 2025 · confidence medium
Porter v. Nussle, 534 U.S. 516 , 22 524-25 (2002); Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) (quoting Nussle). 23 2.
discussed Cited as authority (rule) (PC) Cole v. Soto
E.D. Cal. · 2025 · confidence medium
Porter v. Nussle, 534 U.S. 516 , 8 524-25 (2002); Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) (quoting Nussle). 9 Compliance with prison grievance procedures is required by the Prison Litigation Reform 10 Act in order to properly exhaust.
cited Cited as authority (rule) (PC) Janoiko v. Marchak
E.D. Cal. · 2025 · confidence medium
O’Neal v. Price, 531 F.3d 1146 , 1151 9 (9th Cir. 2008) (citing Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 10 II.
cited Cited as authority (rule) (HC) Hurtadodominguez v. United States
E.D. Cal. · 2025 · confidence medium
O’Neal v. Price, 531 F.3d 1146, 1151 (9th Cir. 2008) (citing Vaden v. 4 Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 5 II.
discussed Cited as authority (rule) (PC) Lanier v. Doerer
E.D. Cal. · 2025 · confidence medium
Porter v. Nussle, 534 U.S. 516 , 28 524-25 (2002); Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) (quoting Nussle). 1 A. First Amended Complaint Does Not Provide Sufficient Excuse Under Ross 2 In each of the five claims that Plaintiff raises, in response to the question of whether he 3 has exhausted his administrative remedies, Plaintiff states that he has not.
discussed Cited as authority (rule) (PC) Walker v. Cates (2×) also: Cited "see"
E.D. Cal. · 2025 · confidence medium
Porter v. Nussle, 534 U.S. 516 , 22 524-25 (2002); Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) (quoting Nussle). 23 In each of the three claims that Plaintiff raises, in response to the question of whether he 24 has exhausted his administrative remedies, Plaintiff indicates by the boxes he checked that he has 25 not.
discussed Cited as authority (rule) Ricky Dillingham v. K. Mills
C.D. Cal. · 2025 · confidence medium
BERNAL 18 UNITEDPSSTATES DISTRICT JUDGE 19 20 21 22 23 24 1 See Vaden v. Summerhill, 449 F.3d 1047, 1051 (9th Cir. 2006) 25 (dismissal for failure to exhaust administrative remedies is without prejudice); McKinney v. Carey, 311 F.3d 1198, 1199 (9th 26 || Cir. 2002) (per curiam) (prisoner’s failure to exhaust administrative remedies prior to presenting a claim to a federal 27 || court requires dismissal without prejudice under 42 U.S.C. § 1997e(a)). 28
cited Cited as authority (rule) (PC) Reese v. Pfieffer
E.D. Cal. · 2025 · confidence medium
O’Neal v. Price, 531 F.3d 3 1146, 1151 (9th Cir. 2008) (citing Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 4 II.
discussed Cited as authority (rule) (PC)Storm v. CSATF Warden
E.D. Cal. · 2025 · confidence medium
Porter v. Nussle, 534 U.S. 516 , 4 524-25 (2002); Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) (quoting Nussle). 5 Compliance with prison grievance procedures is required by the Prison Litigation Reform 6 Act in order to properly exhaust.
discussed Cited as authority (rule) (PC) Herrera v. Allison
E.D. Cal. · 2025 · confidence medium
Porter v. Nussle, 534 U.S. 516 , 7 524-25 (2002); Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) (quoting Nussle). 8 Compliance with prison grievance procedures is required by the Prison Litigation Reform 9 Act in order to properly exhaust.
discussed Cited as authority (rule) (PC) Townsend v. Cook (2×) also: Cited "see"
E.D. Cal. · 2025 · confidence medium
Vaden v. Summerhill, 449 F.3d 1047, 1048 (9th Cir. 2006).
discussed Cited as authority (rule) (PC) Townsend v. Cook (2×) also: Cited "see"
E.D. Cal. · 2024 · confidence medium
Vaden v. Summerhill, 449 F.3d 1047, 1048 (9th Cir. 2006).
discussed Cited as authority (rule) (PC)Storm v. CSATF Warden
E.D. Cal. · 2024 · confidence medium
Vaden v. Summerhill, 449 F.3d 1047, 1048 (9th Cir. 2006). 9 Plaintiff’s complaint fails to provide an acceptable excuse for not having exhausted his 10 administrative remedies prior to filing suit in this Court.
discussed Cited as authority (rule) (PC) Drumwright v. Pascua
E.D. Cal. · 2024 · confidence medium
O’Neal v. Price, 531 F.3d 1146, 1151 (9th Cir. 2008) (citing Vaden v. 24 Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 25 // 26 // 27 28 1 The Court construed Plaintiff’s complaint filed April 30, 2021, to be a second amended complaint.
discussed Cited as authority (rule) (PC) Davis v. Herrera (2×)
E.D. Cal. · 2024 · confidence medium
In Vaden v. Summerhill, 449 F.3d 1047 23 (9th Cir. 2006), the Ninth Circuit determined that the word “brought” for Section 1997e(a) 24 purposes means when the complaint is tendered to the district clerk, not when it is subsequently 25 filed.
discussed Cited as authority (rule) Johnson v. Blue Shirt Davis (2×) also: Cited "see, e.g."
M.D. Penn. · 2024 · confidence medium
In Brown v. Sage,50 the Third Circuit, sitting en banc, looked beyond Black’s Law Dictionary when further interpreting the PLRA’s “three-strikes rule,”51 finding “brought an action” to be broader than “commencing an action” because of Section 1915(g)’s purpose and the PLRA’s structure.52 The Sage court held that a prisoner has “‘brought an action’ when he tenders or submits his complaint to the court,” even if that complaint is rejected without being filed and the action is never ‘commenced.’”53 The unanimous en banc panel’s discussion of the term “brought…
discussed Cited as authority (rule) Omar Ageel v. R.C. Johnson
C.D. Cal. · 2024 · confidence medium
Vaden v. Summerhill, 449 F.3d 1047, 1051 (9th Cir. 2006). 4 The District Court’s Order observed that, after issuance of the Report, the Ninth Circuit 5|| issued a decision in Saddozai v. Davis, 35 F.4th 705 (9th Cir. 2022).
cited Cited as authority (rule) Ward 113886 v. Shinn
D. Ariz. · 2024 · confidence medium
See 42 U.S.C. § 1997e(a); 28 Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006); Brown v. Valoff, 422 F.3d 926 , 1 934-35 (9th Cir. 2005).
discussed Cited as authority (rule) Munoz v. Gipson
N.D. Cal. · 2024 · confidence medium
In California, the regulation requires the prisoner “to lodge his 22 administrative complaint on CDC[R] Form 602 and ‘to describe the problem and action 23 requested.’” Morton v. Hall, 599 F.3d 942, 946 (9th Cir. 2010) (quoting former Cal. Code Regs. 24 tit. 15 § 3084.2(a)). 25 A prisoner must “exhaust his administrative remedies prior to sending his complaint to the 26 district court.” Vaden v. Summerhill, 449 F.3d 1047, 1051 (9th Cir. 2006) (emphasis added).
cited Cited as authority (rule) Aguilar v. Rhodes
D. Ariz. · 2024 · confidence medium
See 42 U.S.C. § 1997e(a); 25 Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006); Brown v. Valoff, 422 F.3d 926 , 26 934-35 (9th Cir. 2005).
discussed Cited as authority (rule) (PC) Rayshivers v. Luiz (2×) also: Cited "see"
E.D. Cal. · 2024 · confidence medium
Akhtar v. Mesa, 608 F.3d 28 //// 1 1202, 1210 (9th Cir. 2012) (quoting Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006) 2 (brackets omitted) (quotation marks omitted)). 3 Failure to exhaust is an affirmative defense which, typically, defendants must raise and 4 prove.
cited Cited as authority (rule) Jones, Sr. 190298 v. Shinn
D. Ariz. · 2023 · confidence medium
See 42 U.S.C. § 1997e(a); 17 Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006); Brown v. Valoff, 422 F.3d 926 , 18 934-35 (9th Cir. 2005).
discussed Cited as authority (rule) Prado v. Sullivan
N.D. Cal. · 2023 · confidence medium
In California, the regulation requires the prisoner “to lodge his 6 administrative complaint on CDC[R] Form 602 and ‘to describe the problem and action 7 requested.’” Morton v. Hall, 599 F.3d 942, 946 (9th Cir. 2010) (quoting former Cal. Code Regs. 8 tit. 15 § 3084.2(a)). 9 A prisoner must “exhaust his administrative remedies prior to sending his complaint to the 10 district court.” Vaden v. Summerhill, 449 F.3d 1047, 1051 (9th Cir. 2006) (emphasis added).
discussed Cited as authority (rule) (PC) Carter-Maddox v. California Substance Abuse Treatment and Facility
E.D. Cal. · 2023 · confidence medium
“An action is ‘brought’ for purposes of exhaustion under § 1997e(a) when the 23 complaint is tendered to the district clerk, and not when it is subsequently filed.”1 Akhtar v. 24 Mesa, 698 F.3d 1202, 1210 (9th Cir. 2012) (brackets omitted) (internal quotation marks omitted) 25 (quotation omitted); Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006). 26 1 A complaint is “filed” when in forma pauperis status is granted or all required fees are paid and 27 the matter is screened.
discussed Cited as authority (rule) (PC) Rayshivers v. Luiz (2×) also: Cited "see"
E.D. Cal. · 2023 · confidence medium
Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006). 2 Plaintiff is currently housed at California State Prison – Sacramento (“CSP-Sacramento”).
cited Cited as authority (rule) (PC) Nieves v. Allison
E.D. Cal. · 2023 · confidence medium
O’Neal v. Price, 531 F.3d 1146, 1151 (9th Cir. 2008) (citing Vaden v. 15 Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 16 II.
cited Cited as authority (rule) (PC) Avalos v. Kirchen-Rolph
E.D. Cal. · 2023 · confidence medium
O’Neal v. Price, 531 F.3d 1146, 1151 (9th Cir. 2008) (citing Vaden v. 13 Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 14 II.
cited Cited as authority (rule) (PC) Sanford v. Newsom
E.D. Cal. · 2023 · confidence medium
O’Neal v. Price, 877531 F.3d 6 1146, 1151 (9th Cir. 2008) (citing Vaden v. Summerhill, 449 F.3d 1047, 1050 (9th Cir. 2006)). 7 II.
Retrieving the full opinion text from the archive…
Ernest Lee VADEN, Plaintiff-Appellee,
v.
K. SUMMERHILL; R.L. Gower; St. Andre; Chapman; W.A. Duncan, Defendants-Appellants
05-15650.
Court of Appeals for the Ninth Circuit.
Jun 6, 2006.
449 F.3d 1047
Bill Lockyer, James M. Humes, Frances T. Grander, James E. Flynn, Kelli M. Hammond, Office of the Attorney General of the State of California, Sacramento, CA, for the defendants-appellants., Ernest Lee Vaden, Susanville, CA, plaintiff-appellee, pro se.
Rymer, Fletcher, Clifton.
Cited by 206 opinions  |  Published
2 passages pin-cited by 2 cases
Pinpoint authority: #45,584 of 633,719
Citer courts: E.D. California (1) · N.D. California (1)
CLIFTON, Circuit Judge.

Prisoners frequently file lawsuits in federal court regarding prison conditions. The Prison Litigation Reform Act of 1995 (“PLRA”), in 42 U.S.C. § 1997e(a), requires that a prisoner exhaust available administrative remedies before bringing these actions. In this case, a California state prisoner sent a complaint to the district court before he had exhausted his administrative remedies within the state prison system. He did, however, exhaust those remedies by the time the district court granted him permission to file his complaint in forma pauperis under 28 U.S.C. § 1915. The district court concluded that the prisoner satisfied the PLRA’s exhaustion requirement in those circumstances. We conclude, however, that the PLRA requires that a prisoner exhaust administrative remedies before submitting any papers to the federal courts. Because the prisoner here has not met that requirement, this action must be dismissed without prejudice.

I. BACKGROUND

The California Department of Corrections provides a four-step grievance pro[*1049] cess for prisoners who seek review of an administrative decision or perceived mistreatment: an informal level, a first formal level, a second formal level, and the Director’s level. Brown v. Valoff, 422 F.3d 926, 929-30(9th Cir.2005) (citing Cal.Code Regs., tit. 15 §§ 3084.5, 3084.6).

Ernest Lee Vaden, an inmate at High Desert State Prison, a California state facility, submitted an Inmate/Parolee Appeal Form (“CDC 602”) alleging misconduct by Defendants Gower, Chapman, and St. Andre, all prison employees. His inmate appeal bypassed the informal level of review, was partially granted at the first formal level of review, was partially granted at the second formal level of review, and was denied at the Director’s level of review.

While his grievance was still pending before the Director, on November 3, 2003, Vaden sent a complaint to the district court requesting relief under 42 U.S.C. § 1983 against Defendants Summerhill, [1] Gower, St. Andre, Chapman, and Duncan. [2] Vaden also sought permission to proceed in forma pauperis. On March 10, 2004, by which time the administrative review process had been concluded, the district court granted Vaden’s motion to proceed in forma pauperis, and his complaint was formally filed.

Defendants moved to dismiss the complaint for failure to exhaust administrative remedies. The magistrate judge recommended that the motion be denied, explaining that Vaden had exhausted administrative remedies against all [3] of the Defendants by the time the court authorized the filing of his complaint in forma pauperis. The district court adopted that recommendation. Defendants’ challenge to the denial of their motion to dismiss has been certified for interlocutory appeal under 28 U.S.C. § 1292(b).

II. DISCUSSION

This court reviews de novo the district court’s interpretation of 42 U.S.C. § 1997e(a)’s exhaustion requirement. See Roles v. Maddox, 439 F.3d 1016, 1017 (9th Cir.2006). As amended by the PLRA, 42 U.S.C. § 1997e(a) states: “No action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” (emphasis added). At issue is the precise[*1050] point in the proceedings at which an action is “brought.”

Vaden argues, and the district court agreed, that an action is “brought” when it is “filed,” which in this case occurred well after Vaden submitted the complaint. The complaint was formally filed when the district court authorized the “commencement ... of [the] suit ... without prepayment of fees” under 28 U.S.C. § 1915, the informa pauperis statute. Defendants argue in contrast that an action is “brought” when a prisoner first submits it to the district court.

In most civil actions, the submission and filing of a complaint are simultaneous events. That is not the case when a prisoner submits a complaint with an application to proceed in forma pauperis, where there is normally a gap in time between the submission of the complaint and its filing. This is so because the district court needs time both to review the in forma pauperis application and to screen the substance of the complaint. See, e.g., 28 U.S.C. § 1915A(b)(authorizing the district court to dismiss prisoner complaints that are “frivolous, malicious, or fail[ ] to state a claim upon which relief may be granted; or seek[] monetary relief from a defendant who is immune from such relief*).

Mindful of this context, the Seventh Circuit has held that “an action is ‘brought’ for purposes of § 1997e(a) when the complaint is tendered to the district clerk,” and not when it is subsequently filed. Ford v. Johnson, 362 F.3d 395, 400 (7th Cir.2004). We agree with the Seventh Circuit’s analysis and adopt its holding as our own.

The word “brought” properly focuses attention on what the prisoner-plaintiff does. The complaint is “brought” by the prisoner when he submits it to the court. Accordingly, the prisoner must have entirely exhausted administrative remedies by this point. As the Seventh Circuit observed, Congress may have selected the word “brought,” rather than “filed” or “commenced,” to underscore its objectives in enacting the PLRA. Id. at 399. The Supreme Court has described those objectives:

Beyond doubt, Congress enacted § 1997e(a) to reduce the quantity and improve the quality of prisoner suits; to this purpose, Congress afforded corrections officials time and opportunity to address complaints internally before allowing the initiation of a federal case. In some instances, corrective action taken in response to an inmate’s grievance might improve prison administration and satisfy the inmate, thereby obviating the need for litigation. In other instances, the internal review might “filter out some frivolous claims.” And for cases ultimately brought to court, adjudication could be facilitated by an administrative record that clarifies the contours of the controversy.

Porter v. Nussle, 534 U.S. 516, 524-25, 122 S.Ct. 983, 152 L.Ed.2d 12 (2002) (citing Booth v. Churner, 532 U.S. 731, 737, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001)). Thus, “brought” must mean “ ‘got under way’ or some similar phrase [to ensure] that the litigation does not start until the administrative process has ended.” Ford, 362 F.3d at 399.

This holding is also guided by our own previous assessment of § 1997e(a): “[P]re-suit exhaustion provides a strong incentive that will further these Congressional objectives; permitting exhaustion pendente lite will inevitably undermine attainment of them.” McKinney v. Carey, 311 F.3d 1198, 1200-01 (9th Cir.2002) (per curiam). In McKinney, the prisoner had not yet exhausted his administrative remedies by the time he filed his complaint in federal court, but was in the process of doing so[*1051] when a motion to dismiss was filed. The prisoner asked the district court to stay the proceedings so that he could satisfy the exhaustion requirement. The district court declined to do so, and we affirmed, holding that dismissal was required because the exhaustion requirement was mandatory. The same holds true here. As the Seventh Circuit noted in Ford, exhaustion requirements are common and they are routinely enforced “by dismissing a suit that begins too soon, even if the plaintiff exhausts his administrative remedies while the litigation is pending.” 362 F.3d at 398.

The bottom line is that a prisoner must pursue the prison administrative process as the first and primary forum for redress of grievances. He may initiate litigation in federal court only after the administrative process ends and leaves his grievances unredressed. It would be inconsistent with the objectives of the statute to let him submit his complaint any earlier than that.

Because Vaden did not exhaust his administrative remedies prior to sending his complaint to the district court, the district court must dismiss his suit without prejudice. See Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir.2003).

REVERSED AND REMANDED.

1

. Defendant Summerhill is also a prison employee. In his CDC 602, Vaden alleged that only Defendants Gower, St. Andre, and Chapman committed misconduct, and stated that he merely relayed his concerns to Summer-hill. Accordingly, in responding to his grievance, prison administrators addressed only Gower, St. Andre, and Chapman’s alleged misconduct and did not mention Summerhill. Vaden identified Summerhill as a subject of his grievance for the first time in his federal court complaint.

2

. Defendant Duncan is the Assistant Director of the California Department of Corrections. Vaden did not name him in his CDC 602, and in responding, prison administrators accordingly did not mention Duncan. In his federal court complaint, Vaden brought Duncan in for the first time, alleging that he was liable for having promulgated the state’s prison policies.

3

.In their submissions to the district court and this court, Defendants appeared to agree that Vaden pursued administrative remedies as to Defendants Summerhill and Duncan as well, and that was the apparent understanding of the district court. As noted above, in notes 1 and 2, our review of the record suggests otherwise. If, in fact, Vaden sought relief within the prison grievance system only as to Defendants Gower, St. Andre, and Chapman, then it would appear that he failed to exhaust his remedies against Summerhill and Duncan, regardless of the outcome of this appeal. We need not resolve that factual question here.