Allison

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LANCE WILLIAMS, No. 2:21-cv-00051-CKD P Plaintiff, v. ORDER KATHLEEN ALLISON, et al., Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. Currently pending before the court is plaintiff’s motion seeking to estop defendant from raising the affirmative defense of his failure to exhaust administrative remedies prior to filing this action. ECF No. 30. The motion has been fully briefed by the parties. ECF No. 33, 34. For the reasons explained below, the court will deny plaintiff’s motion without prejudice as premature. In the motion, plaintiff asserts that the imminent danger of serious physical injury that he faced should prevent defendant from challenging his lack of exhaustion. ECF No. 30 at 1 (citing McBride v. Lopez, 807 F.3d 982, 987 (9th Cir. 2015). Defendant Munoz filed an opposition indicating that…