Diaz

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6 UNITED STATES DISTRICT COURT

7 EASTERN DISTRICT OF CALIFORNIA

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9 WILLIAM XAVIER WATSON, JR., Case No. 1:23-cv-01750-EPG

10 Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DISMISS THE CASE WITHOUT

11 v. PREJUDICE FOR FAILURE TO EXHAUST

12 DIAZ, ET AL., (ECF No. 1)

13 Defendants. OBJECTIONS, IF ANY, DUE WITHIN

THIRTY DAYS

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AND

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ODER TO ASSIGN A DISTRICT JUDGE

16 17 William Watson, Jr. is a state prisoner proceeding pro se and in forma pauperis in this 18 civil rights action pursuant to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this 19 action on December 21, 2023. (ECF No. 1.) Plaintiff alleges a claim of excessive force because 20 an officer claims that he was resisting when he was not, and a claim of retaliation, because he 21 received a “write-up” after filing a grievance. (Id. at 3, 4). 22 The Court previously reviewed the complaint, and it appeared that Plaintiff failed to 23 exhaust his available administrative remedies before filing suit. Plaintiff appears to admit that 24 the grievance…