Opinion
Case No.: 05-CV-60101.
March 2, 2006
ORDER STRIKING " PLAINTIFF'S FIRST AMENDED COMPLAINT "
Plaintiff filed a Complaint pursuant to 42 U.S.C. § 1983, on May 5, 2005. On February 9, 2006, the undersigned issued an Order to Show Cause directing Plaintiff to provide proof within ten days of receipt of the Order, that he had exhausted his administrative remedies prior to filing suit in compliance with 42 U.S.C. § 1997e(a). On February 14, 2006, Plaintiff filed a "First Amended Complaint." On February 22, 2006, Plaintiff filed a Response to the February 9, 2006, Order to Show Cause, acknowledging that he had not exhausted his administrative remedies prior to filing suit.
Plaintiff cannot file suit or amend his Complaint, prior to exhausting his administrative remedies. Therefore, it is ORDERED that "Plaintiff's First Amended Complaint," be STRICKEN.
IT IS SO ORDERED.
The parties are hereby informed that any objections to this order must be filed with the district court within ten days after being served with a copy thereof, pursuant to Rule 72(a), Federal Rules of Civil Procedure.