Nickell

(PC) Tran v. Nickell

Good Law
United States District Court, Eastern District of CaliforniaApril 21, 20211:20-cv-00946California558 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, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. EXHAUST ADMINISTRATIVE REMEDIES

J. NICKELL, et al., 14-DAY DEADLINE

Defendants. Clerk of the Court to Assign a District Judge 16 Kim-Khoi Thai Tran, a state prisoner, alleges the defendant-correctional officers 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.) Therefore, on March 4, 2021, the Court issued an order to show cause, within 21 days, why this action should not be dismissed for failure to exhaust administrative remedies prior to filing suit. (Doc. 13.) Although more than 21 days have passed, Plaintiff has failed to respond to the order to show cause. The Prison Litigation Reform Act provides that “[n]o action shall be…

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