Eaton
(PC) Axberg v. Eaton
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MILES STEPHAN AXBERG, Case No. 1:21-cv-00913-EPG (PC) Plaintiff, ORDER FOR PLAINTIFF TO SHOW CAUSE v.
WHY THIS ACTION SHOULD NOT BE
13 PATRICK EATON, et al., DISMISSED WITHOUT PREJUDICE FOR FAILURE TO EXHAUST Defendants. THIRTY-DAY DEADLINE 16 17 Miles Stephan Axberg (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action filed pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on June 9, 2021. (ECF No. 1). It appears from the face of the complaint that Plaintiff did not exhaust his available administrative remedies before filing this action. Plaintiff admits that administrative remedies were available and that he did not file a grievance. (Id. at 3-5). Accordingly, the Court will order Plaintiff to file a response within thirty days, explaining why this action should not be dismissed for failure to exhaust available administrative…