(PC) Ramirez v. Perez

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10

11 ISRAEL RAMIREZ, ) Case No. 1:22-cv-00564-JLT-SAB (PC) ) 12 Plaintiff, ) ) ORDER DISCHARGING ORDER TO SHOW 13 v. ) CAUSE AND DIRECTING PLAINTIFF TO FILE AN AMENDED COMPLAINT WITHIN THIRTY ) 14 PEREZ, et al., DAYS ) 15 Defendants. ) (ECF Nos. 5, 7) ) 16 )

17 Plaintiff Israel Ramirez is appearing pro se and in forma pauperis in this civil rights action 18 pursuant to 28 U.S.C. § 1983. 19 On May 20, 2022, the Court issued an order for Plaintiff to show cause why the action should 20 not be dismissed for failure to exhaust the administrative remedies. (ECF No. 5.) In that order, the 21 Court also provided Plaintiff with the applicable legal standards and advised that he failed to state a 22 cognizable claim for relief. (Id.) 23 On June 2, 2022, Plaintiff filed a response to the order to show cause. (ECF No. 7.) Based on 24 Plaintiff’s response to the order, the Court finds that dismissal of the action for failure to exhaust the 25 administrative remedies is not clear from the face of the complaint, and the “failure to exhaust is an 26 affirmative defense under the PLRA, and ... inmates are not required to specially plead or demonstrate 27 exhaustion in their complaints.” Jones v. Bock, 549 U.S. 199, 216 (2007). Accordingly, the Court will 28 discharge the order to show cause and allow Plaintiff the opportunity to file an amended complaint. 1 || However, the Court is not making any dispositive ruling as exhaustion of the administrative remedies 2 || which may be addressed by Defendants via a motion for summary judgment. 3 Based on the foregoing, it is HEREBY ORDERED that: 4 1. The order to show cause issued on May 20, 2022 (ECF No. 5) is discharged; 5 2. The Clerk’s Office shall send Plaintiff a civil rights complaint form; 6 3. Within thirty (30) days from the date of service of this order, Plaintiff shall file < 7 amended complaint in compliance with the Court’s May 20, 2022 order; 8 4. Plaintiff's amended complaint shall not exceed twenty-five (25) pages in length, and 9 must be “complete in itself without reference to the prior or superseded pleading.” Loc 10 Rule 220; and 11 5. If Plaintiff fails to file an amended complaint in compliance with this order, the Cou 12 will recommend to a district judge that this action be dismissed consistent with tl 13 reasons stated in the Court’s May 20, 2022 order. 14 15 IS SO ORDERED. A (re 16 |! Dated: _ June 3, 2022 OF 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28