(PC) Kenyon D. Brown v. CDCR Director

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

Plaintiff,

FINDINGS AND RECOMMENDATIONS

v. TO DISMISS ACTION FOR FAILURE TO

EXHAUST ADMINISTRATIVE REMEDIES

CDCR DIRECTOR, et al., 14-DAY DEADLINE Defendants.

16 Plaintiff Kenyon Darrell Brown, a state prisoner proceeding pro se, initiated this civil rights action on August 5, 2021. (Doc. 1.) In his first amended complaint, Plaintiff alleges prison officials at North Kern State Prison have violated the Eighth Amendment by instituting a prison- wide modified program to address the COVID-19 pandemic, 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…