Ruby
(PC) Boone v. Ruby
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 NICKY BOONE, No. 2:20-cv-02100 WBS DB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS RUBY, et al., Defendants.
17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 1983. This matter was referred to the undersigned by Local Rule 302. See 28 U.S.C. § 636(b)(1). Defendants’ motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is before the court. (ECF No. 41.) Defendants assert plaintiff failed to exhaust administrative remedies. On April 14, 2023, plaintiff filed a notice of change of address stating he is opposed to any motion for dismissal and appearing to request an extension of time to respond to the motion to dismiss. (ECF No. 44.)1 After reviewing the pending motion to dismiss, the undersigned finds an opposition is
1 Plaintiff’s notice also states plaintiff seeks a court order for the state “to allow [him] to watch the video in question [of the assault that…