(PC) Gaines v. CA Dept. of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

THURMAN GAINES, ) Case No.: 1:15-cv-00587-NONE-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) FOLLOWING ALBINO HEARING

RECOMMENDING DISMISSAL OF ACTION,

CALIFORNIA DEPT. OF CORRECTIONS ) WITHOUT PREJUDICE, FOR FAILURE TO et al., ) EXHAUST THE ADMINISTRATIVE REMEDIES ) ) Defendants. ) ) )

Plaintiff Thurman Gaines is proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. I. PROCEDURAL BACKGROUND This action has a lengthy procedural history. Plaintiff filed this action on April 16, 2015. (ECF No. 1.) On August 28, 2015, the matter was reassigned to Chief Judge Ralph R. Beistline for all proceedings. (ECF No. 9.) On October 10, 2015, a screening order was filed dismissing Plaintiff’s complaint for failure to state a claim…