Patterson

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 DWIGHT DELTON DAVIS, No. 2:22-cv-01038-EFB (PC) 11 Plaintiff, 12 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

13 PATTERSON, et al., 14 Defendants. 15 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. He alleges that state prison officials were deliberately indifferent to his medical 18 and mental health needs in violation of the Eighth Amendment. ECF No. 1. In the complaint, 19 plaintiff indicated that his relevant administrative appeal was “still pending.” Id. 20 On August 5, 2022, the undersigned ordered plaintiff to “show cause in writing why this 21 action should not be dismissed for his failure to exhaust” administrative remedies prior to filing 22 suit. ECF No. 11. In response, plaintiff filed a copy of his administrative appeal concerning an 23 incident on May 31, 2022 and reviewed by the prison grievance office on June 1, 2022. ECF No. 24 12. The complaint in this action was also signed on…