Agostini

(PC) Rodriguez v. Agostini

Good Law
United States District Court, Eastern District of CaliforniaSeptember 3, 20201:18-cv-01565California725 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PEDRO RODRIGUEZ, Case No.: 1:18-cv-01565 DAD JLT (PC) Plaintiff, ORDER GRANTING MOTIONS FOR

EXTENSION OF TIME; AND

13 v.

ORDER VACATING FINDINGS AND

RECOMMENDATIONS TO DISMISS WARDEN FISHER, et al, ENTIRE ACTION; AND 15 Defendants. MODIFIED FINDINGS AND RECOMMENDATIONS TO DISMISS

EIGHTH AMENDMENT CLAIM FOR

FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES

18 (Docs. 8, 13, 14)

FOURTEEN-DAY DEADLINE

20 Plaintiff proceeds in this civil rights action pursuant to 42 U.S.C. § 1983 on an Eighth Amendment medical indifference claim against several employees of the California Department of Corrections and Rehabilitation. During the screening of Plaintiff’s complaint, it became apparent from the face of the pleading that Plaintiff did not exhaust his administrative remedies on his Eighth Amendment claim prior to suit, as is required by the Prison…

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