Lockett
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 TRIVON NUVELL LOCKETT, Case No. 24-cv-07493-WHO (PR)
Plaintiff,
ORDER DISMISSING COMPLAINT
v. WITH LEAVE TO AMEND
Y. DELGADO, Defendant.
12 Plaintiff Trivon Nuvell Lockett’s 42 U.S.C. § 1983 action is DISMISSED (with leave to amend) because it is clear from the face of the complaint that he has not exhausted his administrative remedies. He states that his “[a]ppeal is being reviewed at the 3rd Level [of] Review.” (Compl., Dkt. No. 5 at 1.) An action must be dismissed unless the prisoner has exhausted available administrative remedies before he filed suit. See McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002); see also Vaden v. Summerhill, 449 F.3d 1047, 1051 (9th Cir. 2006) (where administrative remedies not exhausted before prisoner sends complaint to court, action will be dismissed even if exhaustion is completed by time complaint actually is filed by clerk). But “a prisoner can cure [exhaustion] deficiencies through later filings,…