(PC) Roberts v. CSP Sacramento

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 DAVID NATHANIEL ROBERTS, No. 2:22-cv-2102-EFB (PC) Plaintiff, v. ORDER CALIFORNIA STATE PRISON, SACRAMENTO, et al., 14 Defendants.

16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 17 U.S.C. § 1983. In a complaint dated October 9, 2022, plaintiff alleges that on September 13, 18 2022, officials at California State Prison, Sacramento violated his Eighth Amendment rights by 19 using excessive force and denying him medical care. ECF No. 1 at 3-4. For the reasons stated 20 below, plaintiff will be required to show cause why this case should not be dismissed, without 21 prejudice, for failure to exhaust administrative remedies prior to filing suit. 22 Because plaintiff is a prisoner suing over the conditions of his confinement, his claims are 23 subject to the Prison Litigation Reform Act (PLRA), 42 U.S.C. § 1997e(a). Under the PLRA, 24 “[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or 25 any other…