McGowan v. Doe

Filing 5

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 4/27/11. (Attachments: # 1 Certificate of Service)(fj, COURT STAFF) (Filed on 4/28/2011)

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*E-Filed 4/28/11*

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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United States District Court
For the Northern District of California

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SAN FRANCISCO DIVISION

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ORDER OF DISMISSAL

Plaintiff,

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No. C 11-1682 RS (PR)

JERMAIN MCGOWAN,

v.
JOHN DOE,
Defendant.
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This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state

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prisoner. Plaintiff has filed for an extension of time to file his complaint because he was not

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aware that he had to exhaust his claims prior to filing a § 1983 complaint. (See Docket No.

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4.) Prisoners must properly exhaust their administrative remedies before filing suit in federal

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court. “No action shall be brought with respect to prison conditions under [42 U.S.C.

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§ 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other

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correctional facility until such administrative remedies as are available are exhausted.” 42

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U.S.C. § 1997e(a). Exhaustion is mandatory and is no longer left to the discretion of the

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district court. Woodford v. Ngo, 548 U.S. 81, 84 (2006) (citing Booth v. Churner, 532 U.S.

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731, 739 (2001)).

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No. C 11-1682 RS (PR)
ORDER OF DISMISSAL

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To exhaust properly administrative remedies in California state prisons, inmates must

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proceed through a four-step process, which consists of (1) an informal attempt at resolution;

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(2) a first-level formal appeal; (3) a second-level appeal to the institution head; and (4) an

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appeal to the Director of the California Department of Corrections and Rehabilitation.

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See 15 Cal. Code Regs. § 3084.5.

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Plaintiff admits that he has not exhausted his grievances prior to filing the instant

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action. Accordingly, the action is hereby DISMISSED without prejudice on grounds of

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nonexhaustion. Plaintiff may refile his action after having properly exhausted his claims

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through the inmate grievance procedure at his penal institution. The Clerk shall enter

United States District Court
For the Northern District of California

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judgment in favor of defendant, and close the file. Because no complaint was filed, no filing

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fee is due.

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IT IS SO ORDERED.
DATED: April 27, 2011
RICHARD SEEBORG
United States District Judge

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No. C 11-1682 RS (PR)
ORDER OF DISMISSAL