(PC)Hernandez

(PC)Hernandez v. California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaNovember 10, 20211:21-cv-01125California484 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROCKY HERNANDEZ, Case No. 1:21-cv-01125-SKO (PC)

Plaintiff,

ORDER TO SHOW CAUSE WHY ACTION

SHOULD NOT BE DISMISSED FOR FAILURE

v.

TO EXHAUST ADMINISTRATIVE

REMEDIES

CALIFORNIA DEPARTMENT OF

CORRECTIONS AND

21-DAY DEADLINE REHABILITATION, Defendant. 17 Plaintiff Rocky Hernandez is a state prisoner proceeding pro se. He alleges prison officials have failed to provide him adequate medical care. (Doc. 1.) In his complaint, Plaintiff states that he has not filed an administrative grievance regarding his claims. (Id. at 2.) The Prison Litigation Reform Act (PLRA) provides that “[n]o action shall be brought with respect to prison conditions under . . . any other Federal law . . . by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a). Exhaustion of administrative remedies is mandatory and “unexhausted claims cannot be brought in court.”…

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