Burton

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WALTER PERSON, No. 2:20-cv-0065 AC P Plaintiff, v. ORDER and ROBERT BURTON, FINDINGS AND RECOMMENDATIONS Defendant. 16 I. Introduction Plaintiff is a California state prisoner who proceeds pro se with an application to proceed in forma pauperis and a civil rights complaint filed pursuant to 42 U.S.C. § 1983. This action is referred to the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302(c). For the reasons that follow, the court grants plaintiff’s request to proceed in forma pauperis but recommends dismissal of this action based on the non-exhaustion of plaintiff’s prison administrative remedies. II. In Forma Pauperis Application Plaintiff has submitted an unsigned affidavit, ECF No. 2, which together with the official and prison trust account statement, ECF No. 5, make the showing required by 28 U.S.C. § 1915(a). …