(PC) Gomez v. Kern Valley State Prison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

MARIO H. GOMEZ, Case No. 1:24-cv-01144-EPG (PC)

Plaintiff,

ORDER FOR PLAINTIFF TO SHOW

v.

CAUSE WHY THIS ACTION SHOULD

KERN VALLEY STATE PRISON, et al., NOT BE DISMISSED WITHOUT

PREJUDICE FOR FAILURE TO EXHAUST

Defendants. ADMINISTRATIVE REMEDIES

RESPONSE DUE IN THIRTY DAYS

16 Plaintiff Mario H. Gomez is a state prisoner proceeding pro se in this civil rights action. Plaintiff filed the operative complaint on September 26, 2024. (ECF No. 1). Plaintiff claims that correctional officers at Kern Valley State Prison failed to protect him from being stabbed by another inmate. (Id. at 11).1 It appears from the face of the Complaint that Plaintiff did not exhaust his administrative remedies before filing this action. (Id. at 2, 4). Accordingly, the Court will order Plaintiff to file a response within thirty days, explaining why this action should not be dismissed for failure to exhaust available administrative remedies. Such a dismissal would be…