Diaz

(PC) Christopher Lipsey v. Diaz

Good Law
United States District Court, Eastern District of CaliforniaJanuary 14, 20221:21-cv-00787California664 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER LIPSEY, JR., Case No. 1:21-cv-00787-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS ACTION FOR FAILURE TO

v. EXHAUST ADMINISTRATIVE REMEDIES

R. DIAZ, et al., 14-DAY DEADLINE

Defendants. Clerk of the Court to Assign a District Judge 16 Plaintiff Christopher Lipsey, Jr., is a state prisoner proceeding pro se in this civil rights action. He alleges the water provided to him at Kern Valley State Prison is contaminated. (Doc. 1.) In his complaint, Plaintiff indicates that he has filed an administrative grievance regarding his claims, but that he has not yet received a decision from the California Department of Corrections and Rehabilitation (CDCR) Office of Appeals. (See id. at 3, 9.) Therefore, on November 22, 2021, the Court issued an order to show cause, within 21 days, why this action should not be dismissed for failure to exhaust. (Doc. 11.) Although more than 21 have passed, Plaintiff has 24 …

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