Thomas Joseph Gabba v. Schwarzenegger et al
ORDER DISMISSING COMPLAINT WITH LEAVE TO AMEND, for Failure to State a Claim Under Section 1983; Amended Complaint due by 9/6/2011; ORDER Denying Plaintiff's 12 Motion for Preliminary Injunction signed by Judge Oliver W. Wanger on 08/02/2011. (Attachments: # 1 Amended Complaint Form)(Flores, E)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
(Name of Plaintiff)
(Names of all Defendants)
Civil Rights Act, 42 U.S.C. § 1983
I. Previous Lawsuits (list all other previous or pending lawsuits on back of this form):
Have you brought any other lawsuits while a prisoner? Yes
If your answer to A is yes, how many?
Describe previous or pending lawsuits in the space below.
(If more than one, use back of paper to continue outlining all lawsuits.)
1. Parties to previous lawsuit:
2. Court (if Federal Court, give name of District; if State Court, give name of County)
3. Docket Number
4. Assigned Judge
5. Disposition (For example: W as the case dismissed? W as it appealed? Is it still pending?)
6. Filing date (approx.)
7. Disposition date (approx.)
Exhaustion of Administrative Remedies
Is there an inmate appeal or administrative remedy process available at your institution?
Have you filed an appeal or grievance concerning ALL of the facts contained in this complaint?
If your answer is no, explain why not
Is the process completed?
If your answer is yes, briefly explain what happened at each level.
If your answer is no, explain why not.
Pursuant to the Prison Litigation Reform Act of 1995, “[n]o action shall be brought with respect to
prison conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in
any jail, prison, or other correctional facility until such administrative remedies as are available are
exhausted.” 42 U.S.C. § 1997e(a). If there is an inmate appeal or administrative remedy process
available at your institution, you may not file an action under Section 1983, or any other federal
law, until you have first completed (exhausted) the process available at your institution. You are
required to complete (exhaust) the inmate appeal or administrative remedy process before filing
suit, regardless of the relief offered by the process. Booth v. Churner, 532 U.S. 731, 741 (2001);
McKinney v. Carey, 311 F.3d 1198, 1999 (9th Cir. 2002). Even if you are seeking only money
damages and the inmate appeal or administrative remedy process does not provide money,
you must exhaust the process before filing suit. Booth, 532 U.S. at 734.
(In Item A below, place the full name of the defendant in the first blank, his/her official position in the
second blank, and his/her place of employment in the third blank. Use item B for the names, positions and
places of employment of any additional defendants.)
is employed as
Statement of Claim
(State here as briefly as possible the facts of your case. Describe how each defendant is involved,
including dates and places. Do not give any legal arguments or cite any cases or statutes. Attach extra
sheets if necessary.)
(State briefly exactly what you want the court to do for you. Make no legal arguments. Cite no cases or
I declare under penalty of perjury that the foregoing is true and correct.
Signature of Plaintiff
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