(PC) Smith v. Municipality of Fresno County
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…