Look
(PC) Webster v. Look
Opinion
trial_court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WEBSTER LEE, No. 2:22-cv-01010 DB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND
RECOMMENDATIONS
14 J.J. LOOK, 15 Defendant. 16
17 18 Plaintiff, a state prisoner proceeding pro se, filed this civil rights action under 42 U.S.C. § 19 1983. This matter was referred to the undersigned by Local Rule 302. See 28 U.S.C. § 636(b)(1). 20 Defendant’s motion to dismiss under Federal Rule of Civil Procedure 12(b)(6) is before the court. 21 (ECF No. 26.) The undersigned recommends the motion to dismiss be granted because plaintiff 22 failed to exhaust available administrative remedies before filing this suit. 23 RELEVANT PROCEDURAL BACKGROUND 24 Plaintiff initiated this action with a civil complaint filed on June 10, 2022. (ECF No 1.) 25 On April 21, 2023, plaintiff filed the operative first amended complaint (“FAC”). (ECF No. 15.) 26 On June 9, 2023, the court found service of the FAC appropriate and ordered that this case 27 proceed on…