(PC) Pruden v. Amador County Jail
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DUSTIN JAMES PRUDEN, No. 2:24-cv-0402 KJN P Plaintiff, v. ORDER AND FINDINGS AND
RECOMMENDATIONS
AMADOR COUNTY JAIL, Defendant. 16 Plaintiff is a county jail inmate proceeding pro se. Plaintiff seeks relief pursuant to 42 U.S.C. § 1983 and requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 636(b)(1). As set forth below, the motion to proceed in forma pauperis is denied as moot, and it is recommended that this action be dismissed for failure to exhaust administrative remedies without prejudice to plaintiff’s re-filing of a new and separate civil action after he has fully complied with the exhaustion mandate of 42 U.S.C. § 1997e(a). In Forma Pauperis Plaintiff submitted a declaration that makes the showing required by 28 U.S.C. § 1915(a). (ECF No. 2.) However, because the undersigned recommends that…