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)

Download PDF
1 2 *E-Filed 4/28/11* 3 4 5 6 7 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 United States District Court For the Northern District of California 8 SAN FRANCISCO DIVISION 11 12 15 16 ORDER OF DISMISSAL Plaintiff, 13 14 No. C 11-1682 RS (PR) JERMAIN MCGOWAN, v. JOHN DOE, Defendant. / 17 18 This is a federal civil rights action filed pursuant to 42 U.S.C. § 1983 by a pro se state 19 prisoner. Plaintiff has filed for an extension of time to file his complaint because he was not 20 aware that he had to exhaust his claims prior to filing a § 1983 complaint. (See Docket No. 21 4.) Prisoners must properly exhaust their administrative remedies before filing suit in federal 22 court. “No action shall be brought with respect to prison conditions under [42 U.S.C. 23 § 1983], or any other Federal law, by a prisoner confined in any jail, prison, or other 24 correctional facility until such administrative remedies as are available are exhausted.” 42 25 U.S.C. § 1997e(a). Exhaustion is mandatory and is no longer left to the discretion of the 26 district court. Woodford v. Ngo, 548 U.S. 81, 84 (2006) (citing Booth v. Churner, 532 U.S. 27 731, 739 (2001)). 28 No. C 11-1682 RS (PR) ORDER OF DISMISSAL 1 To exhaust properly administrative remedies in California state prisons, inmates must 2 proceed through a four-step process, which consists of (1) an informal attempt at resolution; 3 (2) a first-level formal appeal; (3) a second-level appeal to the institution head; and (4) an 4 appeal to the Director of the California Department of Corrections and Rehabilitation. 5 See 15 Cal. Code Regs. § 3084.5. 6 Plaintiff admits that he has not exhausted his grievances prior to filing the instant 7 action. Accordingly, the action is hereby DISMISSED without prejudice on grounds of 8 nonexhaustion. Plaintiff may refile his action after having properly exhausted his claims 9 through the inmate grievance procedure at his penal institution. The Clerk shall enter United States District Court For the Northern District of California 10 judgment in favor of defendant, and close the file. Because no complaint was filed, no filing 11 fee is due. 12 13 IT IS SO ORDERED. DATED: April 27, 2011 RICHARD SEEBORG United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 No. C 11-1682 RS (PR) ORDER OF DISMISSAL

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?