(PC) Papazian v. Doerer

• Court: District Court, E.D. California
• Decided: March 10, 2025
• Docket: 1:24-cv-01182
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES MICHAEL PAPAZIAN, Case No. 1:24-cv-01182-HBK (PC) 12 Plaintiff, ORDER DISCHARGING DECEMBER 20, 2024 SHOW CAUSE ORDER 13 v. (Doc. No. 7) 14 J. DOERER,

15 Defendant.

16 17 18 Plaintiff, a federal prisoner incarcerated at United States Penitentiary, Atwater, proceeds 19 pro se in this civil action. On December 20, 2024, the Court issued an order to show cause why 20 this case should not be dismissed for failure to exhaust administrative remedies. (Doc. No. 7, 21 “Show Cause Order”). On February 28, 2025, after being granted an extension of time, Plaintiff 22 filed a response to the Show Cause Order. (Doc. No. 14). 23 In his response, Plaintiff contends that administrative remedies were unavailable. (Id. at 24 4). Accepting Plaintiff’s assertions as true, the Court will discharge the Show Cause Order. A 25 prisoner need not plead or prove exhaustion. Instead, it is an affirmative defense that must be 26 proved by defendant. Jones v. Bock, 549 U.S. 199, 211 (2007). A prison’s internal grievance 27 process, not the PLRA, determines whether the grievance satisfies the PLRA exhaustion 28 requirement. Id. at 218. The Court’s discharge of the Show Cause Order is not a ruling on the 1 | merits as to whether Plaintiff properly and fully exhausted his available administrative remedies 2 | on any of his claims. 3 Accordingly, it is hereby ORDERED: 4 The Court discharges its December 20, 2024 Show Cause Order (Doc. No. 7) and will 5 screen Plaintiffs First Amended Complaint in due course. 6 Dated: _ March 10, 2025 Mihaw. □□□ foareA Hack 8 HELENA M. BARCH-KUCHTA 9 UNITED STATES MAGISTRATE JUDGE

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