Cruz

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA

ROBERT JESSE CRUZ,

Case No. 21-cv-00859-JCS (PR) Plaintiff, 12 v. ORDER DISMISSING THE COMPLAINT WITH LEAVE TO

J. RICHARDS, et al., AMEND

14 Defendants. Dkt. No. 21

16 INTRODUCTION Defendants move to dismiss plaintiff’s 42 U.S.C. § 1983 complaint under Federal Rule of Civil Procedure 12(b)(6) on grounds that plaintiff failed to exhaust his administrative remedies prior to filing suit on one of his claims, and that his claims are unrelated and fail to state a claim for relief. (Dkt. No. 21.) Plaintiff has not filed any response to the motion. Defendants are correct. The complaint, which contains two claims, cannot proceed as currently constituted. Plaintiff alleges (i) he has a poultry allergy; and (ii) he was denied a pair of therapeutic boots. Both claims cannot proceed in this action because (a) the claim are unrelated; (b) plaintiff did…