Doerer
(PC) Benanti v. Doerer
Opinion
Trial Court Opinion
BACKGROUND
18 Plaintiff filed his complaint with this Court on November 19, 2024. (Doc. 10). A brief 19 review of the complaint reveals the incident giving rise to Plaintiff’s claims occurred on August 20 9, 2024. Id. at 4.
DISCUSSION
22 In his Complaint, Plaintiff indicates that there are not any administrative remedies 23 (grievance procedures or administrative appeals) available where he is incarcerated. Id. Plaintiff 24 indicates that he “was denied access to administrative remedies and cut off from the world for 25 over 60 days.” Id. Specifically, Plaintiff provides that the “Unit Team . . . were responsible to 26 make Administrative Remedy Forms (to include Federal Tort Claim Act forms) available to the 27 Plaintiff[, and that he] had no way to approach the Unit Team members to request administrative 28 remedy forms.” Id. Plaintiff states he requested informal resolution of issues and administrative remedy forms but the unit team members in question “did not provide any access to [the forms] during this time period”—when “USP Atwater was locked down from on or about [August 9, 2024 to October 9, 2024].” Id. Though Plaintiff indicates that “[t]he…