Brandon Lee STANLEY, Plaintiff-Appellant, v. UNITED STATES of America; et al., Defendants-Appellees, 690 F. App'x 494

MEMORANDUM 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 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 ease for further proceedings. Each party shall bear its own costs on appeal. VACATED and REMANDED. This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3.