(PC) Ayers v. California Correctional Institution

Good Law
United States District Court, Eastern District of CaliforniaDecember 23, 20241:24-cv-01301California1,027 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BOBBY AYERS, Case No. 1:24-cv-01301-HBK (PC) Plaintiff, ORDER TO SHOW CAUSE WHY CASE

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO EXHAUST AND SECOND

SCREENING ORDER1

CALIFORNIA CORRECTIONAL INSTITUTE, (Doc. No. 9) 15 Defendant. JANUARY 21, 2025 DEADLINE 16 Pending before the Court for screening under 28 U.S.C. § 1915A is the pro se civil amended rights complaint filed under 42 U.S.C. § 1983 by Bobby Ayers—a prisoner. (Doc. No. 9, “amended complaint”). Upon review of the amended complaint, it appears Plaintiff did not avail himself of the administrative remedies available through the California Department of Corrections (“CDCR”) 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 not dismiss the FAC for failure to…

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