Gonzalez

(PC) Gomez v. Gonzalez

Good Law
United States District Court, Eastern District of CaliforniaAugust 27, 20241:22-cv-00977California4,059 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ANDY GOMEZ, Case No. 1:22-cv-00977-HBK (PC) Plaintiff, ORDER GRANTING DEFENDANTS’

MOTION TO DISMISS DEFENDANT

v. GONZALEZ FOR FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES1

GONZALEZ and CHARLES, (Doc. No. 25) Defendants.

16 Pending before the Court is the exhaustion-based Motion to Dismiss filed by Defendants Gonzalez and Charles on May 14, 2024. (Doc. No. 25, “Motion”). Defendants seeks dismissal of Defendant Gonzlaez under Federal Rule of Civil Procedure 12(b)(6) due to Plaintiff’s failure to exhaust his administrative remedies as to Defendant Gonzalez, which Defendants argue is apparent from the face of the Complaint. (Doc. No. 25-1 at 4-5). Plaintiff did not file an opposition to eh Motion and the time to do so has expired. (See docket). For the reasons set forth below, the Court grants Defendants’ Motion. BACKGROUND A. Procedural History and Allegations in…

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