Diaz

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JOSHUA D. BLAND, Case No. 1:20-cv-00895-NONE-SKO (PC)

12 Plaintiff,

FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION FOR FAILURE TO

13 v.

EXHAUST ADMINISTRATIVE REMEDIES

14 RALPH DIAZ, et al., 14-DAY DEADLINE 15 Defendants. 16 17 Plaintiff Joshua D. Bland, a state prisoner proceeding pro se, initiated this civil rights 18 action on June 29, 2020. (Doc. 1.) Plaintiff alleges that a correctional officer threatened his health 19 and safety by yelling in his face, subjecting him to a risk of contracting COVID-19. (See id. at 3.) 20 In his complaint, Plaintiff acknowledges that he failed to pursue an administrative grievance to 21 the highest level of review. (Id.) Furthermore, the incident underlying this action occurred in June 22 of 2020, the same month in which Plaintiff filed his complaint. Thus, given this timeframe, it is 23 clear that Plaintiff failed to exhaust his administrative remedies prior to filing suit. 24 Therefore, on October 28, 2020, the Court issued an order to show…