Ayers

Henderson v. Ayers

Good Law
476 F. Supp. 2d 1168·2007 WL 644055·2007 U.S. Dist. LEXIS 18791
United States District Court, Central District of CaliforniaFebruary 22, 2007CV 06-4348 SJORCCalifornia2,557 words

Opinion

Opinion

Chapman, J.

PROCEEDINGS: (IN CHAMBERS) ORDER DENYING DEFENDANT’S MOTION TO DISMISS PLAINTIFF’S COMPLAINT

On October 12, 2006, defendant Robert L. Ayers, Jr. filed a motion to dismiss plaintiffs complaint, on October 27, 2006, plaintiff filed an opposition to the motion, and on November 6, 2006, plaintiff filed a supplemental opposition. Defendant Ayers did not file a reply.

BACKGROUND

On July 13, 2006, plaintiff Arthur Lee Henderson, Sr., a state prisoner proceeding pro se and in forma pauperis, filed a civil rights complaint under 42 U.S.C. § 1983 against defendant Robert L. Ayers, Acting Warden of the California State Prison, Los Angeles County (“CSP-LAC”), in his individual and official capacities, claiming defendant Ayers has denied plaintiff his right to attend Friday Islamic prayer services. Complaint at 5. Plaintiff seeks injunctive relief stopping defendant Ayers from denying him “access to Friday Islamic Services!).]” Complaint at 6.

DISCUSSION

I

The Prison Litigation Reform Act of 1995 (“PLRA”) requires the exhaustion of administrative remedies in the following circumstances:

42 U.S.C. § 1997e(a). “[T]he PLRA’s exhaustion requirement applies to all inmate suits about prison…

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