Tsui
(PC) Rodriguez v. Tsui
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MAXIMILIANO RODRIGUEZ, No. 2:21-cv-02208 WBS DB P Plaintiff, v. ORDER AND DAVID TSUI, et al., FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff,1 a state prisoner, proceeds pro se with a civil rights action under 42 U.S.C. § 1983. Plaintiff’s complaint (ECF No. 1) is before the court for screening. Also before the court is plaintiff’s motion to proceed in forma pauperis (ECF No. 2), emergency motion regarding “violation of confidentiality” with a request for sanctions (ECF No. 6), and motion for a stay and abeyance with leave to amend (ECF No. 7). For the reasons set forth, the motion to proceed in forma pauperis will be denied as moot and the emergency motion regarding violation of confidentiality will also be denied. The undersigned will recommend the motion for a stay and abeyance be denied and this action be dismissed for failure to exhaust administrative remedies without prejudice to plaintiff’s re-filing of…