McCALLA, District Court Judge, concurring in judgment: I concur in the judgment alone. The district court improperly determined Jackson had not exhausted his claims, not because the PLRA was inapplicable to his post-release third amended complaint, but because Jackson’s failure to exhaust is excusable under § 1997e(a). Exhaustion under the PLRA.is measured at the time the action is file…
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