Elbert Lee Haskins III v. S. Montes
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
CIVIL MINUTES – GENERAL
Case No.: 2:20-07957 DSF (ADS) Date: September 3, 2020 Title: Elbert Lee Haskins III v. S Montes, et al.
Present: The Honorable Autumn D. Spaeth, United States Magistrate Judge
Kristee Hopkins None Reported Deputy Clerk Court Reporter / Recorder
Attorney(s) Present for Plaintiff(s): Attorney(s) Present for Defendant(s): None Present None Present
Proceedings: (IN CHAMBERS) ORDER TO SHOW CAUSE WHY CASE
SHOULD NOT BE DISMISSED FOR FAILURE TO
EXHAUST ADMINISTRATIVE REMEDIES
On August 23, 2020, Plaintiff Elbert Lee Haskins, an inmate at Kern Valley State Prison, filed a Civil Rights Complaint under 42 U.S.C. § 1983. [Dkt. No. 1]. In response to the question, “[i]s the grievance procedure completed?” Plaintiff checked “yes” but then states, “recent to 3rd level waiting response.” [Id. at p. 2]. Based on Plaintiff’s statement, it appears the grievance procedure has not been completed.
The Prison Litigation Reform Act requires that “no action shall be brought with respect to prison conditions [under Section 1983], or any…