Martel
(PC) Alcaraz v. Martel
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TEODORO SEVERIANO ALCARAZ, No. 2:19-cv-0030 JAM DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS MICHAEL MARTEL, Defendant. 16 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 12, 2020, the court issued an order to show cause why this matter should not be dismissed given that in the complaint plaintiff clearly states that he did not exhaust his administrative remedies prior to filing in this court. (See ECF No. 1 at 3; see also ECF No. 10). At that time, plaintiff was given thirty days within which to file a response that showed cause. (See ECF No. 10 at 6). At that time, plaintiff was also warned that a failure to show cause within this period would result in a recommendation that this action be dismissed. (See id.). To date,…