Nickell

(PC) Tran v. Nickell

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20211:20-cv-00946California415 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KIM-KHOI THAI TRAN, Case No. 1:20-cv-00946-JLT (PC)

Plaintiff, ORDER TO SHOW CAUSE WHY ACTION

SHOULD NOT BE DISMISSED FOR

v. FAILURE TO EXHAUST

J. NICKELL, et al., 21-DAY DEADLINE Defendants. 16 Kim-Khoi Thai Tran alleges the defendant-correctional officers at Wasco State Prison subjected him to excessive force. (Doc. 1 at 5.) In his complaint, Plaintiff indicates that he has not yet completed the administrative grievance process and that “it’s still pending.” (Id. at 2.) 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 court.” Jones v. Bock, 549 U.S. 199,…

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