Groves

Case 5:19-cv-02421-DMG-SK Document 100 Filed 02/10/ Page 1 of Page ID #:443

UNITED STATES DISTRICT COURT

CENTRAL DISTRICT OF CALIFORNIA

CHARLIE B. BELLS, JR., CASE NO. 5:19-cv-02421-DMG (SK)

Plaintiff,

ORDER DISMISSING ACTION

v.

GROVES et al.,

Defendants.

In December 2019, Plaintiff Charlie Bells, Jr. filed this civil rights action under Bivens v. Six Unknown Named Agents, 403 U.S. 388 (1971), alleging sexual assault and retaliation by federal prison guards at the United States Penitentiary in Victorville, California (“USP-Victorville”) in May 2016. (ECF 1). Plaintiff sued before for these same events from USP-Victorville but lost on summary judgment in early 2019 for lack of administrative exhaustion under the Prison Litigation Reform Act (“PLRA”). (See Charlie Bells Jr. v. USP–Victorville et al., Case No. 5:16-cv-01598-DMG, ECF 26, 73-74). In his second attempt here, Plaintiff again faces a motion to dismiss for failure to exhaust under the PLRA (among other grounds) by Defendant Robert Groves, the only remaining defendant. (ECF 68).1 But after nearly a year since that motion to dismiss was filed in March 2021, Plaintiff has yet to oppose it—even…