(PC) Jones v. Perez ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 RAYMOND JONES, Case No. 1:19-cv-01553-LJO-JLT (PC) 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE 13 v. (Doc. 6) 14 PEREZ, et al., 15 Defendants. 16 17 On November 12, 2019, the Court ordered Plaintiff to show cause why this action should 18 not be dismissed for failure to exhaust administrative remedies. (Doc. 6.) Plaintiff responded and 19 stated that he did not exhaust because a defendant threatened to punish him with a false rules 20 violation report if he filed a grievance. (Doc. 11.) Plaintiff argues that the prison’s administrative 21 remedy was unavailable to him, per Ross v. Blake, 136 S. Ct. 1850 (2016). (See id.) 22 Thus, the Court DISCHARGES the order to show cause. The Court does not reach the 23 merits of Plaintiff’s claims because the failure to exhaust is generally an affirmative defense that 24 the defendants must plead and prove. Jones v. Bock, 549 U.S. 199, 216 (2007). 25 IT IS SO ORDERED. 26 27 Dated: December 27, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28