Mubarak

Mubarak v. California Department of Corrections

Good Law

315 F. Supp. 2d 1057·2004 WL 937215·2004 U.S. Dist. LEXIS 10554

United States District Court, Southern District of CaliforniaMay 3, 200402CV1615-DMSJFSCalifornia1,905 words

Opinion

Sabraw, J.

AMENDED ORDER: (1) ADOPTING-IN-PART MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; (2) GRANTING DEFENDANTS’ MOTION TO DISMISS; AND (3) DISMISSING ACTION WITHOUT PREJUDICE

Currently pending before this Court is a motion by Defendants to dismiss Plaintiff Mubarak Mubarak’s Third Amended Complaint, pursuant to Fed.R.Civ.P. 12(b). Because Plaintiff is a state prisoner bringing claims for relief under 42 U.S.C. § 1983 , the Prison Litigation Reform Act of 1997 (“PLRA”), applies to this case. The Court holds that the PLRA requires “total exhaustion” of administrative remedies before bringing suit. The Court also finds that Plaintiff has failed to exhaust his available administrative remedies in relation to his third claim. Consequently, the action is DISMISSED without prejudice.

I. FACTUAL AND PROCEDURAL SUMMARY

On March 6, 2003, Plaintiff Mubarak Mubarak, a state prisoner proceeding pro se and in forma pauperis, filed his Third Amended Complaint (“TAC”) pursuant to 42 U.S.C. § 1983 , alleging civil rights violations against Defendants. Plaintiffs first two claims concern events that occurred on July 9, 2000, when Defendant Flores allegedly beat Plaintiff in his cell. After the…

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