Sysouvanh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONELL THOMAS HAYNIE, No. 2:22-cv-02204 DAD DB P Plaintiff, v. ORDER CASSANDRA SYSOUVANH, Defendant.

17 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action seeking relief under 42 U.S.C. § 1983. On January 26, 2024, defendant filed an ex parte request for extension of time to answer the complaint and for leave to file a pre-answer motion for summary adjudication as to plaintiff’s retaliation claim exclusively on the ground that plaintiff failed to exhaust administrative remedies prior to filing this action. (See ECF Nos. 34, 37.) Plaintiff opposes the motion, arguing defendant already unsuccessfully raised the issue in a motion to dismiss. (ECF No. 35.) The exhaustion requirement of the Prison Litigation Reform Act expressly states “[n]o action shall be brought ... until [the prisoner’s] administrative remedies are exhausted.” 42 U.S.C. § 1997e(a). Courts are directed to decide exhaustion,…