The district caurt erred in finding Cruzfailed to exhaust administrative remedies for his Eighth Amendment claim. The district court failed to recognize that prison officials had luaived any procedural errors in the grievance by deciding the issue onthe merits ot all Levels of review. Forthis reason, this Caurt shauld reverse the district caurt's decision and decide as a matteroflawthat Cruz did exhaust all avait able administrative remedies regarding his Eighth Amendment claim

Whether the district court erred in finding that the petitioner failed to exhaust administrative remedies for his Eighth Amendment claim