Doerer

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JAMES MICHAEL PAPAZIAN, Case No. 1:24-cv-01182-HBK (PC) Plaintiff, ORDER DISCHARGING DECEMBER 20, 2024 SHOW CAUSE ORDER v. (Doc. No. 7) J. DOERER,

Defendant.

16 17 Plaintiff, a federal prisoner incarcerated at United States Penitentiary, Atwater, proceeds pro se in this civil action. On December 20, 2024, the Court issued an order to show cause why this case should not be dismissed for failure to exhaust administrative remedies. (Doc. No. 7, “Show Cause Order”). On February 28, 2025, after being granted an extension of time, Plaintiff filed a response to the Show Cause Order. (Doc. No. 14). In his response, Plaintiff contends that administrative remedies were unavailable. (Id. at 4). Accepting Plaintiff’s assertions as true, the Court will discharge the Show Cause Order. A prisoner need not plead or prove exhaustion. Instead, it is an affirmative defense that must be proved by defendant. Jones v. Bock, 549 U.S. 199, 211…