(PC) Papazian v. Doerer

Filing 17

ORDER discharging 12/20/2024 Show Cause Order 7 signed by Magistrate Judge Helena M. Barch-Kuchta on 3/10/2025. (Deputy Clerk TEL)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JAMES MICHAEL PAPAZIAN,

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Plaintiff,
v.

Case No. 1:24-cv-01182-HBK (PC)
ORDER DISCHARGING DECEMBER 20,
2024 SHOW CAUSE ORDER
(Doc. No. 7)

J. DOERER,
Defendant.

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Plaintiff, a federal prisoner incarcerated at United States Penitentiary, Atwater, proceeds

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pro se in this civil action. On December 20, 2024, the Court issued an order to show cause why

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this case should not be dismissed for failure to exhaust administrative remedies. (Doc. No. 7,

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“Show Cause Order”). On February 28, 2025, after being granted an extension of time, Plaintiff

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filed a response to the Show Cause Order. (Doc. No. 14).

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In his response, Plaintiff contends that administrative remedies were unavailable. (Id. at

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4). Accepting Plaintiff’s assertions as true, the Court will discharge the Show Cause Order. A

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prisoner need not plead or prove exhaustion. Instead, it is an affirmative defense that must be

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proved by defendant. Jones v. Bock, 549 U.S. 199, 211 (2007). A prison’s internal grievance

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process, not the PLRA, determines whether the grievance satisfies the PLRA exhaustion

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requirement. Id. at 218. The Court’s discharge of the Show Cause Order is not a ruling on the

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merits as to whether Plaintiff properly and fully exhausted his available administrative remedies

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on any of his claims.

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Accordingly, it is hereby ORDERED:

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The Court discharges its December 20, 2024 Show Cause Order (Doc. No. 7) and will

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screen Plaintiff’s First Amended Complaint in due course.

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Dated:

March 10, 2025
HELENA M. BARCH-KUCHTA
UNITED STATES MAGISTRATE JUDGE

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