Toor

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL MADSEN, 1:19-cv-0022 AWI JLT (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT’S MOTION

v. TO DISMISS FOR FAILURE TO

EXHAUST ADMINISTRATIVE

DR. KIRAN TOOR, REMEDIES Defendant. (Doc. 17)

FOURTEEN-DAY DEADLINE

Defendant Dr. Kiran Toor moves to dismiss plaintiff’s complaint for failure to state a claim pursuant to Federal Rule of Civil Procedure 12(b)(6). Dr. Toor also moves for dismissal on the ground that documents attached to the first amended complaint show that plaintiff failed to exhaust his administrative remedies prior to filing suit. (Doc. 17.) Plaintiff opposes the motion. (Doc. 22.) Upon consideration of the parties’ briefs, the Court finds that dismissal is appropriate due to plaintiff’s failure to exhaust administrative remedies. I. Plaintiff’s Allegations In the first amended complaint, plaintiff alleges that he…