Bryant v. Rocamora et al

Filing 6

ORDER OF DISMISSAL. Signed by Judge Richard Seeborg on 2/11/14. (Attachments: # 1 Certificate/Proof of Service)(cl, COURT STAFF) (Filed on 2/11/2014)

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UNITED STATES DISTRICT COURT

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NORTHERN DISTRICT OF CALIFORNIA

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SAN FRANCISCO DIVISION

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ROBERT BRYANT,

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Plaintiff,

ORDER OF DISMISSAL

v.
RN ROCAMORA, et al.,

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Defendants.

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United States District Court
For the Northern District of California

No. C 13-4408 RS (PR)

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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 his administrative appeal of his claims is pending. Prisoners

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must exhaust properly their administrative remedies before filing suit in federal court. “No

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action shall be brought with respect to prison conditions under [42 U.S.C. § 1983], or any

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other Federal law, by a prisoner confined in any jail, prison, or other correctional facility

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until such administrative remedies as are available are exhausted.” 42 U.S.C. § 1997e(a).

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Exhaustion is mandatory and is no longer left to the discretion of the district court.

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Woodford v. Ngo, 548 U.S. 81, 84 (2006) (citing Booth v. Churner, 532 U.S. 731, 739

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(2001)).

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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. He may refile his

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action after he has exhausted his claims through the inmate grievance procedure at his penal

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institution. His motion for judicial notice (Docket No. 4) is DENIED without prejudice. The

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Clerk shall enter judgment in favor of defendants, terminate Docket No. 4, and close the file.

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IT IS SO ORDERED.
DATED: February 11, 2014
RICHARD SEEBORG
United States District Judge
No. C 13-4408 RS (PR)
ORDER OF DISMISSAL