Chavez

(PC) Elliott v. Chavez

Good Law
United States District Court, Eastern District of CaliforniaJanuary 6, 20232:22-cv-01982California587 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER ELLIOTT, No. 2:22-cv-1982-EFB (PC) Plaintiff, v. ORDER D. CHAVEZ, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. In a complaint dated October 31, 2022, plaintiff alleges that defendant Chavez applied excessive force only ten days earlier, on October 21, 2022. ECF No. 1 at 4. For the reasons stated below, 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. Because plaintiff is a prisoner suing over the conditions of his confinement, his claims are subject to the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). Under the PLRA, “[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other…

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