Burden

(PC) Rood v. Burden

Bad Law
United States District Court, Eastern District of CaliforniaFebruary 1, 20211:20-cv-00315California567 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 COLTON JAMES ROOD, Case No. 1:20-cv-00315-JLT (PC)

Plaintiff, ORDER TO SHOW CAUSE WHY ACTION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO EXHAUST

A. PALAFOX, et al., 21-DAY DEADLINE Defendants. 16 Colton James Rood alleges the defendants failed to protect him from an attack by another inmate while he was incarcerated at Substance Abuse Treatment Facility and State Prison, Corcoran (“SATF”). (Doc. 12.) Plaintiff admits that he failed to exhaust administrative remedies prior to filing suit. (Id. at 3.) The Prison Litigation Reform Act provides that “[n]o action shall be brought with respect to prison conditions under … any other Federal law … by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a). Exhaustion of administrative remedies is mandatory and “unexhausted claims cannot be brought in…

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