(PC) Johnson v. California Department of Corrections and Rehabilitation

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

DARRYL JOHNSON, 1:20-cv-00119-GSA-PC

Plaintiff, ORDER TO SHOW CAUSE WHY THIS

CASE SHOULD NOT BE DISMISSED FOR

vs. FAILURE TO EXHAUST REMEDIES

CALIFORNIA DEPARTMENT OF THIRTY-DAY DEADLINE TO RESPOND

CORRECTIONS AND TO ORDER TO SHOW CAUSE

REHABILITATION, et al.,

Defendants.

15 I. BACKGROUND Darryl Johnson (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the Complaint commencing this case on January 23, 2000. (ECF No. 1.) II. EXHAUSTION OF ADMINISTRATIVE REMEDIES Once within the discretion of the district court, exhaustion in cases covered by the Prison Litigation Reform Act of 1995 (“PLRA”) is now mandatory. Porter v. Nussle, 534 U.S. 516, 524, 122 S. Ct. 983, 988, 152 L. Ed. 2d 12 (2002) (citing see Booth v. Churner, 532 U.S. 731, 739, 121 S.Ct. 1819, 149 L.Ed.2d 958 (2001)). …