NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS APR 27 2017
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
BRANDON LEE STANLEY, No. 15-35926
Plaintiff-Appellant, D.C. No. 2:15-cv-00256-MJP
v.
MEMORANDUM*
UNITED STATES OF AMERICA; et al.,
Defendants-Appellees.
Appeal from the United States District Court
for the Western District of Washington
Marsha J. Pechman, District Judge, Presiding
Submitted April 11, 2017**
Before: GOULD, CLIFTON, and HURWITZ, Circuit Judges.
Brandon Lee Stanley appeals pro se from the district court’s judgment
dismissing for failure to exhaust administrative remedies his civil rights action
arising from defendants’ treatment of his broken hand. We have jurisdiction under
28 U.S.C. § 1291. We vacate and remand.
On appeal, Stanley argues that he complied with the administrative
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
exhaustion requirement as to his claim arising under the Federal Tort Claims Act.
In response, defendants have expressly waived the affirmative defense of
exhaustion that they asserted in the district court, and request that we vacate and
remand for further proceedings. Accordingly, we vacate the district court’s
judgment and remand the case for further proceedings.
Each party shall bear its own costs on appeal.
VACATED and REMANDED.
2 15-35926