Spence

MEMORANDUM AND ORDER

This is a civil rights action brought by a state prisoner. Defendant moves to dismiss it. She argues that plaintiff has failed to comply with a provision of the Prison Litigation Reform Act of 1996 (“PLRA”) requiring him to exhaust' available state administrative remedies before bringing this suit. The Magistrate Judge recommends that the court deny defendant’s motion. For the reasons explained below, the court declines to adopt the Magistrate Judge’s recommendation, and orders that the action be dismissed without prejudice.

I.

BACKGROUND

Plaintiff is an inmate at the Mule Creek State Prison, a correctional facility 4n lone, California. Defendant is a Correctional Captain at that facility. The complaint, filed May 1, 1997, alleges that defendant violated plaintiff’s due process rights when, by memorandum dated March 17, 1997, shé removed him from the Men’s Advisory Council (the-“Council”) — an inmate grievance board. Allegedly, defendant took this action after learning that plaintiff did not receive a ducat (a pass) to attend a Council meeting in violation of prisoner rules requiring a prisoner to obtain a ducat. Plaintiff claims that only the Warden…