(PC) Hammler v. Clark et al

Filing 25

ORDER DISCHARGING 18 Order to Show Cause Regarding Exhaustion of the Administrative Remedies signed by Magistrate Judge Stanley A. Boone on 5/14/2019. (Sant Agata, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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ALLEN HAMMLER,

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Plaintiff,
v.
CLARK, et.al.,
Defendants.

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Case No.: 1:19-cv-00373-AWI-SAB (PC)
ORDER DISCHARGING ORDER TO SHOW
REGARDING EXHAUSTION OF THE
ADMINISTRATIVE REMEDIES
[ECF Nos. 18, 24]

Plaintiff Allen Hammler is appearing pro se and in forma pauperis in this civil rights action
pursuant to 42 U.S.C. § 1983.
On April 4, 2019, the Court issued an order for Plaintiff to show cause why the action should

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not be dismissed for failure to exhaust the administrative remedies. After receiving an extension of

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time, Plaintiff filed a response to the order on May 13, 2019.

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Based on Plaintiff’s allegations in the response to the order to show cause, the Court will

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discharge the order because the issue of whether Plaintiff adequately exhausted the administrative

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remedies cannot be resolved at the pleading stage. Jones v. Bock, 549 U.S. at 202, 215; see also Albino

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v. Baca, 747 F.3d 1162, 1169 (9th Cir. 2014) (en banc) (noting that where a prisoner’s failure to exhaust

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is clear from the fact of the complaint, his complaint is subject to dismissal for failure to state a claim,

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even at the screening stage); Wyatt v. Terhune, 315 F.3d 1108, 1120 (9th Cir. 2003) (“A prisoner’s
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concession to nonexhaustion is a valid ground for dismissal[.]”), overruled on other grounds by Albino,

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747 F.3d at 1166. Plaintiff is advised that the Court will screen his complaint pursuant to 28 U.S.C. §

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1915A in due course.

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IT IS SO ORDERED.

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Dated:

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May 14, 2019
UNITED STATES MAGISTRATE JUDGE

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