Kibler

(PC) Cruz v. Kibler

Good Law
United States District Court, Eastern District of CaliforniaMay 17, 20211:20-cv-01740California1,214 words

Opinion

Trial Court Opinion

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

Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS AND DISMISSING

ACTION FOR FAILURE TO EXHAUST

B. KIBLER, et al., (Doc. No. 14) Defendants. 16 Plaintiff Guillermo Trujillo Cruz is a state prisoner proceeding pro se in this civil rights action under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On January 26, 2021, the assigned magistrate judge found that plaintiff appeared to have failed to exhaust administrative remedies prior to filing suit, as required by the Prison Litigation Reform Act. (Doc. No. 11.) The magistrate judge noted that plaintiff’s complaint initiating this civil action is dated November 20, 2020, which is only six days after the incident underlying this civil action allegedly took place. (Id. at 1.) Therefore, the magistrate judge ordered plaintiff…

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