Spencer v. Escobedo et al

Filing 13

ORDER Discharging 11 Order to Show Cause Regarding Exhaustion, signed by Magistrate Judge Stanley A. Boone on 9/2/14. (Verduzco, M)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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BERNARD SPENCER,

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Plaintiff,

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v.
A. ESCOBEDO, et al.,
Defendants.

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Case No.: 1:13-cv-01657-SAB (PC)
ORDER DISCHARGING ORDER TO SHOW
CAUSE REGARDING EXHAUSTION
[ECF No. 12]

Plaintiff Bernard Spencer is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On May 5, 2014, Plaintiff filed a first amended complaint. On July 22, 2014, the undersigned

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issued an order to show cause why the first amended complaint should not be dismissed, without

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prejudice, for failure to exhaust the administrative remedies. Plaintiff filed a response to the order to

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show cause on August 7, 2014.

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On the basis of good cause, the undersigned will discharge the order to show cause and allow

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the action to proceed. However, Plaintiff is advised that by discharging the order to show cause

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regarding exhaust of the administrative remedies, the Court in no way has made any determination as

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to whether Plaintiff has or has not appropriately exhausted the available administrative remedies, only

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that the action may proceed. Plaintiff is advised that the Court presently has a large number of cases

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awaiting preliminary screening, and Plaintiff’s first amended complaint will be screened in due course

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and appropriate orders will issue.

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IT IS SO ORDERED.

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Dated:

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September 2, 2014
UNITED STATES MAGISTRATE JUDGE

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