Nickell

(PC) Tran v. Nickell

Good Law
United States District Court, Eastern District of CaliforniaMay 24, 20211:20-cv-00946California580 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 5 KIM-KHOI THAI TRAN, CASE NO. 1:20-cv-00946-AWI-JLT (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS AND

DISMISSING ACTION FOR FAILURE

J. NICKELL, et al., TO EXHAUST

Defendants. (Doc. No. 16) 11 12 Plaintiff Kim-Khoi Thai Tran is a state prisoner proceeding pro se and in forma pauperis 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 Eastern District of California Local Rule 302. On March 4, 2021, the assigned magistrate judge found that Plaintiff failed to exhaust administrative remedies before filing suit, as required by the Prison Litigation Reform Act. Doc. No. 13. Therefore, the magistrate judge ordered Plaintiff, within twenty-one days, to show cause why this action should not be dismissed for his failure to exhaust. Id. at 2. Plaintiff failed to respond to the order to show cause within the time…

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