Cuevas

(PC) Flores v. Cuevas

Good Law
United States District Court, Eastern District of CaliforniaJanuary 31, 20251:24-cv-01412California1,959 words

Opinion

Trial Court Opinion

I. BACKGROUND

18 Plaintiff Javier Flores originally filed this action, pro se, in the Kings County Superior 19 Court; the case was removed to this Court by Defendant J. Cuevas on November 18, 2024. (See 20 Doc. 1.) 21 On November 21, 2024, the Court issued its Order Granting Defendants’ Requested 22 Extension of Time to Respond to the Complaint As Modified, and Order Directing Plaintiff to 23 Show Cause Why Action Should Not Be Dismissed for Failure to Exhaust Administrative 24 Remedies. (Doc. 3.) As to the latter, Plaintiff was directed to show cause within 21 days. (Id. at 25 3.) The order was served on Plaintiff that same date at his address on record with the Court: 26 “Javier Flores, AK-5319, Avenal State Prison, P.O. Box 906, Avenal CA 93204.” 27 On December 3, 2024, the United States Postal Service (USPS) returned the November 21, 2024, order marked “Undeliverable, Not Deliverable as Addressed, RTS.” On December 5, 2024, the Court issued its Order Directing Defendant to Undertake Reasonable Efforts to Locate Plaintiff and to File Status Report. (Doc. 4.) More specifically, within 14 days, Defendant was to file a status report describing the efforts…

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