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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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Plaintiff,

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Case No. 1:17-cv-00549-EPG (PC)

DONALD LEE WILLIAMS,

ORDER DISCHARGING ORDER TO
SHOW CAUSE
(ECF NO. 4)

v.
C. PFIEFFER,

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Defendants.

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Donald Williams (“Plaintiff”) is proceeding pro se with this civil rights action pursuant

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to 42 U.S.C. § 1983. Plaintiff filed the complaint commencing this action on April 18, 2017.

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(ECF No. 1). The complaint is awaiting screening.

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The Court reviewed the complaint, and based on that review it appeared that Plaintiff

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had exhausted the available administrative remedies for at least some of his claims. However,

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on one of his exhibits, Plaintiff wrote “I am currently exhausting all my administrative

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remedies (appeals) regarding several CDCR-602’s [sic] staff complaints related to the beaten

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[sic] and sexual misconduct described [in] the 1983 civil complaint.” (ECF No. 1, p. 43).

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Accordingly, the Court ordered Plaintiff to show cause why all claims that he was “currently

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exhausting” should not be dismissed without prejudice for failure to exhaust administrative

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remedies. (ECF No. 4).

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On May 5, 2017, Plaintiff filed a response to the order to show cause. (ECF No. 6).

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According to Plaintiff, he has exhausted all of the available administrative remedies, and the

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statement to the contrary that was included on an exhibit attached to the complaint was an

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error.
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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.

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Accordingly, based on the foregoing, IT IS HEREBY ORDERED that the order for

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Plaintiff to show cause why all claims that he is “currently exhausting” should not be dismissed

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without prejudice for failure to exhaust administrative remedies (ECF No. 4) is

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DISCHARGED.

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IT IS SO ORDERED.
Dated:

May 9, 2017

/s/
UNITED STATES MAGISTRATE JUDGE

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