(PC)Hernandez

(PC)Hernandez v. California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaJanuary 27, 20221:21-cv-01125California582 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ROCKY HERNANDEZ, Case No. 1:21-cv-01125-SKO (PC)

Plaintiff,

FINDINGS AND RECOMMENDATIONS TO

DISMISS ACTION FOR FAILURE TO

v.

EXHAUST ADMINISTRATIVE REMEDIES

CALIFORNIA DEPARTMENT OF 14-DAY DEADLINE

CORRECTIONS AND

REHABILITATION, Clerk of the Court to Assign a District Judge Defendant. 17 Plaintiff Rocky Hernandez is a state prisoner proceeding pro se. He alleges prison 18 officials have failed to provide him adequate medical care. (Doc. 1.) In his complaint, Plaintiff 19 states that he has not filed an administrative grievance regarding his claims. (Id. at 2.). 20 On November 10, 2021, the Court issued an order to show cause, within 21 days, why this 21 action should not be dismissed for failure to exhaust. (Doc. 7.) The Court cautioned Plaintiff that 22 “[f]ailure to comply with this order w[ould] result in a recommendation that this action be 23 dismissed.” (Id. at 2.) Although more than the provided time has passed, Plaintiff has failed to 24 respond to the order to show cause.…

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