Stratton v. Buck, et al, No. 10-35656 (9th Cir. 2012)
Annotate this CasePlaintiff filed a complaint alleging that defendant's failure to provide pain medication to him violated his Eighth Amendment right to be free from cruel and unusual punishment. Plaintiff subsequently appealed from the judgment in favor of defendant entered pursuant to the order granting defendant's motion to dismiss for failure to exhaust administrative remedies. The court held that plaintiff was entitled to notice explaining the requirements for a response to defendant's motion to dismiss for failure to exhaust administrative remedies and the consequences if the district court granted the motion. The court further held that plaintiff had a substantial right to such notice and that the district court's failure to provide such notice was not harmless.
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