Williams v. Pfieffer, et al.

Filing 7

ORDER discharging 4 Order to Show Cause signed by Magistrate Judge Erica P. Grosjean on 5/9/2017. (Lundstrom, T)

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1 2 3 4 UNITED STATES DISTRICT COURT 5 EASTERN DISTRICT OF CALIFORNIA 6 7 8 Plaintiff, 9 10 Case No. 1:17-cv-00549-EPG (PC) DONALD LEE WILLIAMS, ORDER DISCHARGING ORDER TO SHOW CAUSE (ECF NO. 4) v. C. PFIEFFER, 11 Defendants. 12 13 14 Donald Williams (“Plaintiff”) is proceeding pro se with this civil rights action pursuant 15 to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on April 18, 2017. 16 (ECF No. 1). The complaint is awaiting screening. 17 The Court reviewed the complaint, and based on that review it appeared that Plaintiff 18 had exhausted the available administrative remedies for at least some of his claims. However, 19 on one of his exhibits, Plaintiff wrote “I am currently exhausting all my administrative 20 remedies (appeals) regarding several CDCR-602’s [sic] staff complaints related to the beaten 21 [sic] and sexual misconduct described [in] the 1983 civil complaint.” (ECF No. 1, p. 43). 22 Accordingly, the Court ordered Plaintiff to show cause why all claims that he was “currently 23 exhausting” should not be dismissed without prejudice for failure to exhaust administrative 24 remedies. (ECF No. 4). 25 On May 5, 2017, Plaintiff filed a response to the order to show cause. (ECF No. 6). 26 According to Plaintiff, he has exhausted all of the available administrative remedies, and the 27 statement to the contrary that was included on an exhibit attached to the complaint was an 28 error. 1 1 2 Based on Plaintiff’s representations that he has in fact exhausted all of his administrative remedies as to all claims, the Court will discharge the order to show cause. 3 Accordingly, based on the foregoing, IT IS HEREBY ORDERED that the order for 4 Plaintiff to show cause why all claims that he is “currently exhausting” should not be dismissed 5 without prejudice for failure to exhaust administrative remedies (ECF No. 4) is 6 DISCHARGED. 7 8 9 IT IS SO ORDERED. Dated: May 9, 2017 /s/ UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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