Albright

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL EUGENE SCOTT, No. 1:18-cv-01480-JLT (PC) Plaintiff, ORDER ON PLAINTIFF=S MOTION

REGARDING EXHAUSTION OF

v. ADMINISTRATIVE REMEDIES

D. ALBRIGHT, et al., (Doc. 50) Defendants. 16 On July 30, 2019, Plaintiff filed a motion in which he contends that he exhausted administrative remedies and objected to Defendants’ Answer to the extent that Defendants contend he failed to do so before filing suit. (Doc. 50.) The time for Defendants to file an opposition to Plaintiff’s motion has lapsed. The motion is deemed submitted. L.R. 230(l). Failure to exhaust administrative remedies before filing suit as required by 42 U.S.C. § 1997e(a) is an affirmative defense. Plaintiff’s motion is construed as a motion to strike the portion of Defendants Answer that raises exhaustion as an affirmative defense. The Federal Rules of Civil Procedure require a party responding to a pleading to identify its defenses to each…