Burnes

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RUDIE ANTHONY JARAMILLO, Case No. 1:21-cv-00712-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. EXHAUST ADMINISTRATIVE REMEDIES

J. BURNES, et al., 14-DAY DEADLINE

Defendants. Clerk of the Court to Assign a District Judge 16 Rudie Anthony Jaramillo, a state prisoner, alleges the defendant-correctional officers subjected him to excessive force and retaliation and failed to protect him from an attack by another inmate. (Doc. 1.) In his complaint, Plaintiff admits that he has not yet exhausted his administrative remedies. (Id. at 5, 7, 8.) Therefore, on October 22, 2021, the Court issued an order to show cause, within 21 days, why this action should not be dismissed for failure to exhaust administrative remedies prior to filing suit. (Doc. 13.) Although more than 21 days have passed, Plaintiff has failed to file a response to the order to show cause. The Prison…