(PC) Pena v. United States

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

GEOVANNI PENA, 1:21-cv-00833-GSA-PC

Plaintiff, ORDER TO SHOW CAUSE WHY CASE

SHOULD NOT BE DISMISSED FOR

v. PLAINTIFF’S FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES

UNITED STATES, et al., BEFORE FILING SUIT (ECF No. 1.) Defendants.

THIRTY-DAY DEADLINE TO

RESPOND TO THIS ORDER

19 I. BACKGROUND Geovanni Pena (“Plaintiff”) is a federal prisoner proceeding pro se with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). On May 24, 2021, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) It appears on the face of Plaintiff’s Complaint that he has not exhausted his administrative remedies pursuant to the Prison Litigation Reform Act, 41 U.S.C. § 1997 (e)(a), before filing this lawsuit. II. EXHAUSTION OF ADMINISTRATIVE REMEDIES Pursuant to the Prison Litigation Reform Act of 1995, “[n]o action shall be brought with 28 …