(PC) Pena v. United States

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GEOVANNI PENA, No. 1:21-cv-00833 JLT GSA (PC) Plaintiff, ORDER TO PLAINTIFF TO FILE A

RESPONSE INDICATING WHETHER HE

v. INTENDS TO PROSECUTE THIS ACTION UNITED STATES, et al., 21-DAY DEADLINE Defendants. (Doc. 20) 16 I. BACKGROUND Plaintiff, a federal inmate proceeding pro se and in forma pauperis, filed this civil rights action advancing claims under Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), related to the spread of COVID-19 at USP Atwater in 2020 and 2021. (See Doc. 8.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302, who issued an order to show cause concerning Plaintiff’s exhaustion of administrative remedies issued in February 2022. (Doc. 11.) After Plaintiff filed a notice of change of address to Lewisburg, PA, (Doc. 13), and a response to the OSC, (Doc. 16), the OSC was ultimately…