(PC) Hampton v. California Correctional Healthcare Services
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA 10 THOMAS LEROY HAMPTON, Case No. 1:22-cv-00518-HBK (PC)
Plaintiff,
ORDER DISREGARDING PLAINTIFF’S
v. PLEADING KIWANA HILL, ULYSSES BANIGA, Doc. No.
NANCY HIOLMES, TIFFANY
GABBARD, and S. ONYANGO,
Defendants. 17 On March 6, 2025, Plaintiff filed a pleading titled “Brief in Dispute of Affirmative Defen[s]e of Non-Exhaustion” with exhibits. (Doc. No. 27). In his pleading, Plaintiff asserts he has properly and fully exhausted his administrative remedies with respect to his claims referencing the exhibits attached to his pleading. (See generally Id). Plaintiff asks the Court to “reject defendants defen[s]e of non-exhaustion.” (Id. at 3). Plaintiff’s pleading is a pre-emptive opposition to an exhaustion-based summary judgment motion and is premature. The defense of exhaustion is an affirmative defense that must be raised and proven by a defendant. Jones v. Bock, 549 U.S. 199, 212-18 (2007). Defendants…