Sheets

ORDER GRANTING DEFENDANTS’ MOTION TO DISMISS AND DISMISSING ACTION, WITHOUT PREJUDICE, FOR FAILURE TO EXHAUST PRIOR TO FILING SUIT

(Docs. 87 and 92)

Plaintiff Daniel Dean Sheets (“plaintiff’) is a prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983 . On April 28, 2004, the Court granted defendants Powers and Lopez’s motion to dismiss and dismissed this action, without prejudice, based on plaintiffs failure to exhaust the available administrative remedies as mandated by 42 U.S.C. § 1997e(a). Plaintiff appealed and the United States Court of Appeals for the Ninth Circuit vacated the order of dismissal and remanded the matter for consideration of defendants’ motion in light of Ninth Circuit’s intervening decisions in Brown v. Valoff, 422 F.3d 926 (9th Cir.2005) and Ngo v. Woodford, 403 F.3d 620 (9th Cir.2005).

Pursuant to the Prison Litigation Reform Act of 1995, “[n]o action shall be brought with respect to prison conditions under [ 42 U.S.C. § 1983 ], or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42…