Opinion
1:21-cv-00108-JLT (PC)
06-28-2021
DONOVAN SHANE GREER, Plaintiff, v. KCSO ADMINISTRATION, et al., Defendants.
ORDER DISCHARGING ORDER TO SHOW CAUSE
(DOC. 14)
JENNIFER L. THURSTON, CHIEF UNITED STATES MAGISTRATE JUDGE
On June 9, 2021, t he Court issued an order to show cause why this action should not be dismissed for Plaintiff's failure to exhaust administrat ive remedies prior to filing suit. (Doc. 14. ) Plaintiff filed a response to the order to show cause on June 25, 2021. (Doc. 15.) The Court finds the response sufficient to DISCHARGE the order to show cause. The Court will screen Plaintiff's complaint pursuant to 28 U.S.C. § 1915A in due course.
The Court does not decide the matter of exhaustion here; it only finds that it will require additional argument or evidence prior to deciding the matter. Failure to exhaust is generally an affirmative defense that the defendant must plead and prove. Jones v. Bock, 549 U.S. 199, 204, 216 (2007).
IT IS SO ORDERED.