Doerer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 11 SHELTON BENOITE, Case No. 1:24-cv-01407-HBK (PC) Plaintiff, ORDER TO SHOW CAUSE WHY ACTION

SHOULD NOT BE DISMISSED FOR

v. FAILING TO EXHAUST ADMINISTRATIVE

REMEDIES

J. DOERER, et al.,

JANUARY 17, 2025 DEADLINE

Defendants. 17 Plaintiff, a federal prisoner incarcerated at United States Penitentiary, Atwater, proceeds on his pro se civil rights complaint pursuant to Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics1 and the Federal Torts Claim Act (“FTCA”). (Doc. No. 1, “complaint”). Upon review of the complaint, it appears Plaintiff did avail himself of the administrative remedies available through the Bureau of Prison (“BOP”) prior to filing suit. A failure to exhaust administrative remedies is fatal to a prisoner’s complaint. Prior to recommending dismissal of this action, the Court will afford Plaintiff an opportunity to show cause why the Court should dismiss the complaint for…