(PC)Valdez

(PC)Valdez v. California Department of Corrections & Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaMarch 26, 20241:23-cv-01729California337 words

Opinion

trial_court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JORGE LUIS VALDEZ, Case No. 1:23-cv-01729-HBK (PC) 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW

CAUSE

13 v. (Doc. No. 19) 14 CDCR, et al., 15 Defendants. 16 17 Currently before the Court is Plaintiff’s response, filed February 29, 2024, to the Court’s 18 February 8, 2024 order to show cause why Plaintiff’s Complaint should not be dismissed for 19 failure to exhaust administrative remedies. (Doc. No. 8). In his response, Plaintiff acknowledges 20 that the face of his Complaint indicates he did not exhaust his administrative remedies, but 21 attributes this to Defendants “divert[ing] [his grievances] due to this lawsuit being against them.” 22 (Id. at 1). Further, the response asserts that “Plaintiff’s life and safety has been placed in jeopardy 23 with retaliation. Therefore, I plaintiff reconsidered any further filing of grievances.” (Id.). 24 Liberally construed, Plaintiff appears to contend that the grievance process was unavailable to 25 him. 26 Considering Plaintiff’s…

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