(PC) Kenyon D. Brown v. CDCR Director

Good Law
United States District Court, Eastern District of CaliforniaNovember 19, 20211:21-cv-01186California585 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 KENYON D. BROWN, Case No. 1:21-cv-01186-NONE-SKO (PC)

Plaintiff,

ORDER TO SHOW CAUSE WHY ACTION

v. SHOULD NOT BE DISMISSED FOR

FAILURE TO EXHAUST ADMINISTRATIVE

CDCR DIRECTOR, et al., REMEDIES

Defendants. 21-DAY DEADLINE 16 Plaintiff Kenyon Brown is a state prisoner proceeding pro se and in forma pauperis. In his first amended complaint, Plaintiff alleges prison officials have violated the Eighth Amendment by remaining on a prison-wide modified program, even though “the coronavirus is not on [Plaintiff’s] yard.” (Doc. 13.) Plaintiff attaches to his complaint a response to an administrative grievance he submitted concerning his claims, which indicates that prison officials denied the grievance at the first level of review on October 26, 2021. (Id. at 4-5.) It appears that Plaintiff has not appealed the decision to the California Department of Corrections and Rehabilitation (CDCR) Office of Appeals, which the denial…

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