(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

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JORGE LUIS VALDEZ, Case No. 1:23-cv-01729-HBK (PC) Plaintiff, ORDER DISCHARGING ORDER TO SHOW

CAUSE

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

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