With no explanation, chose the best option from "A", "B", "C" or "D". res judicata, or collateral estoppel. It may be cited for its persuasive value consistent with Fed. R.App. P. 32.1 and 10th Cir. R. 32.1. 1 . A SANE nurse is a registered nurse that has special training to conduct sexual assault examinations on children and adults. 2 . Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963) ("[T]he suppression by the prosecution of evidence favorable to an accused upon request violates due process where the evidence is material_”). 3 . See, e.g., Eichwedel v. Chandler, 696 F.3d 660, 671 (7th Cir.2012) (“[A] State expressly waives exhaustion for purposes of § 2254(b)(3) where, as here, it concedes clearly and expressly that the claim has been exhausted, regardless of whether that concession is correct.”); D’Ambrosio, 527 F.3d at 495-96 (<HOLDING>); Purnell v. Mo. Dep't of Corr., 753 F.2d 703,

A: holding that the legislature imposed a requirement implicitly rather than by means of statutory language expressly stating the requirement
B: holding that the ftcas exhaustion requirement is jurisdictional
C: holding that the warden expressly waived the exhaustion requirement because her counsels conduct during the district court proceedings manifested a clear and unambiguous intent to waive the requirement
D: recognizing that issue exhaustion requirement and requirement exhaustion of remedies are different
C.