Rubalcaba

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BENJY WADE, No. 2: 18-cv-2844 KJM KJN P Plaintiff, v. ORDER J. RUBALCABA, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on plaintiff’s fourth amended complaint. (ECF No. 22.) Pending before the court is defendants’ motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (ECF No. 40.) Defendants move to dismiss for failure to state a claim and on the grounds that plaintiff failed to exhaust administrative remedies. See Albino v. Baca, 747 F.3d 1162, 1169 (9th Cir. 2014) (en banc) (defendants may raise issue of administrative exhaustion in a motion to dismiss pursuant to Rule 12(b)(6) if the failure to exhaust is clear on the face of the complaint). For the reasons stated herein, the undersigned converts defendants’ motion to dismiss for failure to exhaust administrative…