Williams v. Pfieffer, et al.
ORDER for Plaintiff to SHOW CAUSE why Claims he is Currently Exhausting Should not be Dismissed without Prejudice for Failure to Exhaust signed by Magistrate Judge Erica P. Grosjean on 04/25/2017. Show Cause Response due by 5/30/2017.(Flores, E)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
Case No. 1:17-cv-00549-EPG (PC)
DONALD LEE WILLIAMS,
ORDER FOR PLAINTIFF TO SHOW
CAUSE WHY CLAIMS HE IS
CURRENTLY EXHAUSTING SHOULD
NOT BE DISMISSED WITHOUT
PREJUDICE FOR FAILURE TO EXHAUST
(ECF NO. 1)
THIRTY DAY DEADLINE
Donald Williams (“Plaintiff”) is proceeding pro se with this civil rights action pursuant
to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on April 18, 2017.
(ECF No. 1). The complaint is awaiting screening.
The Court has reviewed the complaint, and it appears that Plaintiff has exhausted at
least some of his claims. However, on one of his exhibits, Plaintiff wrote “I am currently
exhausting all my administrative remedies (appeals) regarding several CDCR-602’s [sic] staff
complaints related to the beaten [sic] and sexual misconduct described [in] the 1983 civil
complaint.” (ECF No. 1, p. 43).
42 U.S.C. § 1997e(a) states that “[n]o action shall be brought with respect to prison
conditions under section 1983 of this title, 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.” Exhaustion is required regardless of the relief sought by the prisoner and
regardless of the relief offered by the administrative process, unless “the relevant
administrative procedure lacks authority to provide any relief or to take any action whatsoever
in response to a complaint.” Booth v. Churner, 532 U.S. 731, 736, 741 (2001); Ross v. Blake,
136 S.Ct. 1850, 1857, 1859 (June 6, 2016). Exhaustion of administrative remedies must occur
before the filing of the complaint. McKinney v. Carey, 311 F.3d 1198, 1199 (9th Cir. 2002).
The Court notes that a dismissal for failure to exhaust is without prejudice. Id.
Based on the exhibits Plaintiff included with his complaint, it appears that Plaintiff may
not have exhausted his administrative remedies, at least in regards to some of his claims.
Therefore, the Court will order Plaintiff to show cause why all claims that he is “currently
exhausting” should not be dismissed without prejudice for failure to exhaust administrative
remedies. In particular, Plaintiff should explain his statement that he is “currently exhausting”
his administrative remedies.
Accordingly, based on the foregoing, it is HEREBY ORDERED that within thirty (30)
days from the date of service of this order, Plaintiff shall show cause why all claims that he is
“currently exhausting” should not be dismissed without prejudice for failure to exhaust
administrative remedies. Failure to respond may result in dismissal of this case.
IT IS SO ORDERED.
April 25, 2017
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?