Garcia

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 5 JOSE LUIS GARCIA, Case No. 21-cv-03588-JD

Plaintiff,

ORDER ADOPTING REPORT AND

v. RECOMMENDATION, AND

DISMISSING CASE WITHOUT

KYEONG PARK, PREJUDICE Defendant. Re: Dkt. Nos. 14,

11 Plaintiff filed a pro se civil rights complaint under 42 U.S.C. § 1983 and consented to the jurisdiction of a magistrate judge. Dkt. No. 3. Plaintiff’s original complaint for improper medical care was served on defendant. Plaintiff filed an amended complaint which indicated that he had not fully exhausted his claim in the prison grievance system. Dkt. 13 at 1. Plaintiff stated that his grievance was still pending. Id. at 2. Defendant did not consent to a magistrate judge, and filed a motion requesting a screening of the amended complaint. Dkt. No. 14. The magistrate judge filed a Report and Recommendation advising that the complaint should be dismissed without prejudice for failure to exhaust…