(PC) Baker v. Lynch

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY RAY BAKER, No. 2:19-CV-2617-KJM-DMC-P Plaintiff, v. ORDER J. LYNCH, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is plaintiff’s “Motion Requesting Leave to File This Complaint Emergently Without Exhausting My Inmate Pending 602 Appeal Grievance” (ECF No. 3). In his motion, plaintiff seeks leave of Court to “refile a new 42 U.S.C. § 1983 complaint. . . .” It appears plaintiff believes leave of Court is required because he has not yet completed the administrative exhaustion process required under the Prison Litigation Reform Act. Plaintiff’s motion is denied as unnecessary because plaintiff does not require leave of Court to /// /// /// /// MASS SAU VVMEV CING INIT RAINING □□□ tw POI ee OY ev

file the pending action. See Jones v. Bock, 549 U.S. 199 (2007). However, nothing…