Kibler

(PC) Cruz v. Kibler

Good Law
United States District Court, Eastern District of CaliforniaJanuary 26, 20211:20-cv-01740California561 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 GUILLERMO TRUJILLO CRUZ, Case No. 1:20-cv-01740-NONE-SKO (PC)

Plaintiff, ORDER TO SHOW CAUSE WHY ACTION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO EXHAUST

B. KIBLER, et al., 21-DAY DEADLINE Defendants. 16 Plaintiff Guillermo Trujillo Cruz is a state prisoner proceeding pro se in this action brought pursuant to 42 U.S.C. § 1983. He alleges that, on November 14, 2020, Defendants purposefully failed to protect him from an attack by another inmate. (Doc. 1 at 3, 5, 6.) Plaintiff’s complaint is dated November 20, 2020, only six days after the subject incident. (Id. at 7.) The short duration of time between the incident and the initiation of this action “strongly suggests that [he] did not … attempt to comply with the exhaustion requirement.” Howell v. Selliers, No. 1:18-cv-00420-EPG, 2018 WL 4173724, at *2 (E.D. Cal. 2018). It would be nearly impossible to complete multiple levels of administrative review in only…

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