(PC) Sanchez v. Eaton et al
ORDER to SHOW CAUSE Why Action Should not be Dismissed for Failure to Exhaust signed by Magistrate Judge Jennifer L. Thurston on 9/7/2021. Show Cause Response due within 21 Days.(Sant Agata, S)
Case 1:21-cv-00736-JLT Document 6 Filed 09/08/21 Page 1 of 2
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
GABRIEL CHARLES SANCHEZ,
PATRICK EATON, et al.,
Case No. 1:21-cv-00736-JLT (PC)
ORDER TO SHOW CAUSE WHY ACTION
SHOULD NOT BE DISMISSED FOR
FAILURE TO EXHAUST
Gabriel Charles Sanchez alleges the defendants were deliberately indifferent to his health
by exposing him to COVID-19. (Doc. 1.) In his complaint, Plaintiff indicates that he has not filed
an administrative grievance regarding his claims. (Id. at 3, 4.)
The Prison Litigation Reform Act provides that “[n]o action shall be brought with respect
to prison conditions under . . . 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.”
42 U.S.C. § 1997e(a). Exhaustion of administrative remedies is mandatory and “unexhausted
claims cannot be brought in court.” Jones v. Bock, 549 U.S. 199, 211 (citation omitted). The
exhaustion requirement applies to all inmate suits relating to prison life, Porter v. Nussle, 534
U.S. 516, 532 (2002), regardless of the relief sought by the prisoner or offered by the
administrative process, Booth v. Churner, 532 U.S. 731, 741 (2001). Inmates are required to
“complete the administrative review process in accordance with the applicable procedural rules,
Case 1:21-cv-00736-JLT Document 6 Filed 09/08/21 Page 2 of 2
including deadlines, as a precondition to bringing suit in federal court.” Woodford v. Ngo, 548
U.S. 81, 88, 93 (2006). Generally, failure to exhaust is an affirmative defense that the defendant
must plead and prove. Jones, 549 U.S. at 204, 216. However, courts may dismiss a claim if
failure to exhaust is clear on the face of the complaint. See Albino v. Baca, 747 F.3d 1162, 1166
(9th Cir. 2014).
It is clear on the face of his complaint that Plaintiff failed to exhaust administrative
remedies prior to filing suit. Accordingly, within 21 days of the date of service of this order,
Plaintiff SHALL show cause in writing why this action should not be dismissed for his failure to
exhaust. Alternatively, within that same time, Plaintiff may file a notice of voluntary dismissal.
IT IS SO ORDERED.
September 7, 2021
_ /s/ Jennifer L. Thurston
CHIEF UNITED STATES MAGISTRATE JUDGE
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