Petrey
(PC) Smith v. Petrey
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA 10 DEL LAMONT SMITH, Case No. 1:19-cv-01169-EPG (PC) Plaintiff, ORDER FOR PLAINTIFF TO SHOW CAUSE v. WHY THIS ACTION SHOULD NOT BE
DISMISSED WITHOUT PREJUDICE FOR
KYLE PETREY, et al., FAILURE TO EXHAUST Defendants. THIRTY-DAY DEADLINE 16 17 Del Lamont Smith (“Plaintiff”) is proceeding pro se and in forma pauperis in this action filed on August 21, 2019. Magistrate Judge Stanley A. Boone screened the complaint, found that it failed to state a cognizable claim for relief, and gave leave to amend on February 19, 2020. (ECF No. 16). The case was reassigned to the undersigned magistrate judge on March 19, 2020. (ECF No. 17). Before the Court is Plaintiff’s First Amended Complaint, filed March 25, 2020. (ECF No. 18). It appears from the face of the First Amended Complaint that Plaintiff did not exhaust his available administrative remedies before filing this action. Plaintiff appears to admit the…