Bencomo

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 KENDRICK BENCOMO, Case No.: 20cv1550-WQH-LL

Plaintiff,

REPORT AND

v. RECOMMENDATION REGARDING

DEFENDANTS’ MOTION TO

14 RALPH DIAZ, et al., DISMISS THE COMPLAINT FOR Defendants. FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES

[ECF No. 5] 18 This Report and Recommendation is submitted to United States District Judge William Q. Hayes pursuant to 28 U.S.C. § 636(b) and Civil Local Rule 72.3 of the United States District Court for the Southern District of California. Before the Court is a Motion to Dismiss Plaintiff’s complaint filed by Defendant Daniel Paramo pursuant to Federal Rule of Civil Procedure 12(b)(6) on the grounds that Plaintiff failed to state a claim against Defendant Paramo because Plaintiff failed to exhaust administrative remedies. ECF No. 5 (“Motion” or “MTD”). Defendant Ralph Diaz joins the Motion to Dismiss. ECF No. 7. For the…