Kibler

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

Plaintiff,

FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION FOR FAILURE TO

v.

EXHAUST ADMINISTRATIVE REMEDIES

B. KIBLER, et al., 14-DAY DEADLINE Defendants. 16 Plaintiff Guillermo Trujillo Cruz, a state prisoner proceeding pro se, initiated this action on December 10, 2020. (Doc. 1.) Plaintiff alleges that Defendants failed to protect him from an attack by another inmate on November 14, 2020. (Id. at 3, 5, 6.) Plaintiff’s complaint is dated November 20, 2020—only six days after the subject incident. (Id. at 7.) Given this short timeframe, Plaintiff did not appear to have exhausted his administrative remedies prior to filing suit. Therefore, on January 25, 2021, the Court issued an order to show cause why this action should not be dismissed for failure to exhaust. (Doc. 11.) Plaintiff filed a response to the order to show cause on February 11, 2021. (Doc. 13.) Plaintiff does not deny that he…