(PC) Gomez v. Kern Valley State Prison

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

9 10 MARIO H. GOMEZ., Case No. 1:24-cv-01144-EPG 11 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE v. 13 (ECF No. 5) 14 KERN VALLEY STATE PRISON, et al., 15 Defendants. 16

Mario H. Gomez is a state prisoner proceeding pro se in this civil rights action. Plaintiff filed the complaint commencing this action on September 26, 2024, in which he alleges that correctional officers at Kern Valley State prison failed to protect him from being stabbed by another inmate. (ECF No. 1). On October 4, 2024, the Court issued an order for Plaintiff to show cause why this action should not be dismissed for failure to exhaust administrative remedies. (ECF No. 5). On October 15, 2024, Plaintiff responded to the order to show cause. (ECF No. 7). Section 1997e(a) of the Prison Litigation Reform Act of 1995 (“PLRA”) provides that “[n]o action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional…