Phatal

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

BILLY JOE McDONALD, ) Case No.: 1:20-cv-01003-SAB (PC) ) Plaintiff, ) ) ORDER DIRECTING CLERK OF COURT TO v. ) RANDOMLY ASSIGN A FRESNO DISTRICT

JUDGE TO THIS ACTION

DR. PHATAL, ) ) FINDINGS AND RECOMMENDATION Defendant. ) RECOMMENDING DISMISSAL OF ACTION, ) WITHOUT PREJUDICE, FOR FAILURE TO ) EXHAUST THE ADMINISTRATIVE REMEDIES ) ) (ECF Nos. 9, 10)

Plaintiff Billy Joe McDonald is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On August 10, 2020, the Court issued an order for Plaintiff to show cause why the action should not be dismissed, without prejudice, for failure to exhaust the administrative remedies. (ECF No. 9.) On September 8, 2020, Plaintiff filed a response to the order to show cause. (ECF No. 10.) Plaintiff’s response to the order to show cause does not address…