Opinion
NOT FOR PUBLICATION
The panel unanimously finds this case suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2).
Appeal from the United States District Court for the District of Nevada D.C. No. CV-04-00281-LRH Larry R. Hicks, District Judge, Presiding
Before: REINHARDT, RYMER, and HAWKINS, Circuit Judges.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by 9th Cir. R. 36-3.
George Luster, a Nevada state prisoner, appeals pro se the district court§s dismissal pursuant to 28 U.S.C. § 1915A(b) of his 42 U.S.C. § 1983 action for failure to exhaust administrative remedies. We have jurisdiction under 28 U.S.C. § 1291. We review a district court§s determination that a prisoner failed to exhaust administrative remedies de novo, and review factual determinations for clear error. Wyatt v. Terhune, 315 F.3d 1108, 1117 (9th Cir. 2003). We reverse and remand.
The Prison Litigation Reform Act requires a prisoner to exhaust §such administrative remedies as are available§ before filing a federal action. See 42 U.S.C. § 1997e(a). Because Luster§s complaint alleges that he could not proceed to the first formal appeal level because prison officials deliberately made the required grievance forms unavailable to him, we can not say that Luster failed to exhaust his available administrative remedies. See Wyatt, 315 F.3d at 1119. We therefore remand to the district court for consideration of the merits of Luster§s 42 U.S.C. § 1983 claim.
REVERSED and REMANDED.