Bobby Glover, Jr. v. M. Evans

FILED
NOT FOR PUBLICATION MAR 28 2011
MOLLY C. DWYER, CLERK
UNITED STATES COURT OF APPEALS U .S. C O U R T OF APPE ALS
FOR THE NINTH CIRCUIT
BOBBY GENE GLOVER, JR., No. 10-15761
Plaintiff - Appellant, D.C. No. 3:07-cv-01759-JSW
v.
MEMORANDUM *
M. S. EVANS, Warden; et al.,
Defendants - Appellees.
Appeal from the United States District Court
for the Northern District of California
Jeffrey S. White, District Judge, Presiding
Submitted March 8, 2011 **
Before: FARRIS, O’SCANNLAIN, and BYBEE, Circuit Judges.
Bobby Gene Glover, Jr., a California state prisoner, appeals pro se from the
district court’s judgment dismissing his 42 U.S.C. § 1983 action for failure to
exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C.
*
This disposition is not appropriate for publication and is not precedent
except as provided by 9th Cir. R. 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
§ 1997e(a). We have jurisdiction under 28 U.S.C. § 1291. We review de novo,
Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003), and we vacate and remand.
The district court dismissed Glover’s action because he did not exhaust
administrative remedies at the second and final levels of review. However, Glover
received a favorable determination at the first level of review, where the prison
granted his grievance in part, thereby satisfying Glover. In light of our recent
decision, Harvey v. Jordan, 605 F.3d 681 (9th Cir. 2010), Glover “ha[d] no
obligation to appeal from a grant of relief, or a partial grant that satisfie[d] him, in
order to exhaust his administrative remedies.” Id. at 685. Accordingly, we vacate
and remand for further proceedings.
The parties shall bear their own costs on appeal.
VACATED and REMANDED.
2 10-15761