Opinion
2:22-cv-1612 CKD P
11-07-2022
FRANCISCO GARCIA, Plaintiff, v. LINDA, Defendant.
ORDER
CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE
Plaintiff has requested an extension of time to file an amended complaint “to give C.D.C.R. time to comply with the APPEAL PROCESS.” While the court will grant plaintiff an extension of time, plaintiff is informed that under 42 U.S.C. § 1997e(a) “[n]o action shall be brought with respect to prison conditions under section 1983 of this title, or any other Federal law, by a prisoner confined in any jail, prison, or other correctional facility until such administrative remedies as are available are exhausted.” Exhausting administrative remedies while a case is already pending is not sufficient. To the extent plaintiff seeks to pursue claims where administrative remedies were not exhausted before this case was filed, plaintiff should consider pursuing such claims in a new action brought after administrative remedies are exhausted.
Accordingly, IT IS HEREBY ORDERED that:
1. Plaintiff's request for an extension of time (ECF No. 10) is granted; and
2. Plaintiff is granted 30 days within which to file an amended complaint. Failure to file an amended complaint within 30 days will result in a recommendation that this action be dismissed.