(PC) Abreu v. Shasta County Sheriff's Office

Good Law
United States District Court, Eastern District of CaliforniaJuly 7, 20252:25-cv-00813California2,512 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BLUE F.C. ABREU, No. 2:25-cv-0813 DC CSK P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 SHASTA COUNTY SHERIFF’S OFFICE, et al., 15 Defendants. 16 17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief 18 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 19 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 20 On May 14, 2025, the Court recommended that this action be dismissed because it was 21 apparent from the face of plaintiff’s second amended complaint that he failed to exhaust his 22 administrative remedies. (ECF No. 18.) On May 27, 2025, plaintiff filed objections in which he 23 explained that he attempted to exhaust his administrative remedies, but his efforts were thwarted 24 by jail staff. (ECF No. 19.) Because the exhaustion of administrative remedies is an affirmative 25 defense, the findings and recommendations are vacated, and the Court will screen…

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