(PC) Smith v. Municipality of Fresno County

Good Law
United States District Court, Eastern District of CaliforniaSeptember 30, 20191:19-cv-00651California1,194 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA 10 GARY PAUL SMITH, Case No. 1:19-cv-00651-EPG 12 Plaintiff, ORDER FOR PLAINTIFF TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE v. DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST

MUNICIPALITY OF FRESNO COUNTY,

et al., THIRTY-DAY DEADLINE Defendants. 16 17 Gary Paul Smith (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights 18 action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on May 19 14, 2019. (ECF No. 1.) Plaintiff filed a First Amended Complaint on June 10, 2019. (ECF No. 6.) 20 It appears from the face of the First Amended Complaint that Plaintiff did not exhaust his 21 available administrative remedies before filing this action. Plaintiff appears to admit that the 22 grievance process was available to him, but that he did not complete the process. (ECF No. 6, p. 23 2.) 24 Accordingly, the Court will order Plaintiff to file a response…

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