(PC) Cisneros v. Moreno, Jr.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROBERT CISNEROS, No. 1:19-cv-1676 JLT PC Plaintiff, ORDER DENYING AS MOOT

DEFENDANT’S MOTION TO DISMISS

v. AND MOTION FOR COSTS L.MORENO, JR., (Doc. 15) Defendant. CLERK TO CLOSE CASE 16 This matter is before the Court on defendant’s motion to dismiss for failure to exhaust 17 administrative remedies and motion for costs.1 (Doc. 15.) Plaintiff concedes that he did not exhaust 18 his administrative remedies prior to filing suit and therefore does not oppose dismissal on that 19 ground. He does, however, oppose defendant’s motion for costs. 20 Prior to initiating this case, plaintiff filed an action in this court against the same defendant 21 and based on the same set of facts, Cisneros v. Moreno, 1:18-cv-0628-LJO-JDP (“the first case”). 22 On August 16, 2019, the defendant moved for summary judgment for failure to exhaust 23 administrative remedies. On December 11, 2019, the first case was dismissed without…