Cervantes

(PC) Perry v. Cervantes

Good Law
United States District Court, Eastern District of CaliforniaMarch 12, 20201:20-cv-00356California1,411 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GARETH PERRY, Case No. 1:20-cv-00356-EPG (PC)

Plaintiff, ORDER FOR PLAINTIFF TO SHOW

CAUSE WHY THIS ACTION SHOULD

v. NOT BE DISMISSED WITHOUT

PREJUDICE FOR FAILURE TO EXHAUST

C. CERVANTES, et al.,

THIRTY-DAY DEADLINE

Defendants. Gareth Perry (“Plaintiff”) is a federal prisoner proceeding pro se in this civil rights action. It appears from the face of the complaint that Plaintiff did not exhaust his available administrative remedies before filing this action. Accordingly, the Court will order Plaintiff to file a response within 30 days, explaining why this action should not be dismissed for failure to exhaust administrative remedies. Such dismissal would be without prejudice, so that Plaintiff may refile the case once he has exhausted the available administrative remedies (if it is still possible to do so). I. LEGAL STANDARDS Section 1997e(a) of the Prison Litigation Reform Act of 1995…

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