Allison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 TRAVIS RAY THOMPSON, Case No. 1:21-cv-00001-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION FOR FAILURE TO

v. EXHAUST ADMINISTRATIVE REMEDIES

K. ALLISON, et al., 14-DAY DEADLINE

Defendants. Clerk of the Court to Assign a District Judge 16 Travis Ray Thompson, a state prisoner proceeding pro se, initiated this action on December 28, 2020. (Doc. 1.) He alleges that prison guards “deliberately contaminated his food,” causing him to contract COVID-19, or “solicited medical personnel to present a false positive in retaliation for litigation.” (Id. at 17-18.) In his complaint, Plaintiff admits that he failed to exhaust administrative remedies prior to filing suit. (See id. at 18-19.) Accordingly, on January 5, 2021, the Court issued an order to show cause why this action should not be dismissed for failure to exhaust. (Doc. 7.) Plaintiff filed a response on January 29, 2021. (Doc. 10.) Therein,…