Patterson

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DWIGHT DELTON DAVIS, No. 2:22-cv-1038-EFB (PC) Plaintiff, v. ORDER PATTERSON, et al., Defendants. 15 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. He alleges that officials at California State Prison, Sacramento were deliberately indifferent to his medical and mental health needs in violation of the Eighth Amendment. ECF No. 1. Plaintiff concedes that his relevant administrative appeal is “still pending.” Id. Therefore, plaintiff will be required to show cause why this case should not be dismissed, without prejudice, for failure to exhaust administrative remedies prior to filing suit. See Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir. 2003) (prisoner’s concession to nonexhaustion is valid ground for dismissal of an action, so long as no exception applies), overruled on other grounds by Albino v. Baca, 747 F.3d 1162 (9th Cir. 2014) (en banc). Because plaintiff…