Bridgeforth v. Curry et al

Filing 8

ORDER DISMISSING CASE. Signed by Judge Richard Seeborg on 12/29/11. (Attachments: # 1 Appendix Certificate of Service)(cl, COURT STAFF) (Filed on 12/29/2011)

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*E-Filed 12/29/11*

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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 11-4331 RS (PR)

ROY BRIDGEFORTH,

v.
BEN CURRY, et al.,
Defendants.
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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 admits that he filed no administrative grievances regarding the claims he

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presents in the complaint. Prisoners must properly exhaust their administrative remedies

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before filing suit in federal court. “No action shall be brought with respect to prison

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conditions under [42 U.S.C. § 1983], or any other Federal law, by a prisoner confined in any

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jail, prison, or other correctional facility until such administrative remedies as are available

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are exhausted.” 42 U.S.C. § 1997e(a). Exhaustion is mandatory and is no longer left to the

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discretion of the district court. Woodford v. Ngo, 548 U.S. 81, 84 (2006) (citing Booth v.

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Churner, 532 U.S. 731, 739 (2001)).

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No. C 11-4331 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 defendants, and close the file.

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IT IS SO ORDERED.

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DATED: December 29, 2011
RICHARD SEEBORG
United States District Judge

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No. C 11-4331 RS (PR)
ORDER OF DISMISSAL