(PC) Pena v. United States ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GEOVANNI PENA, 1:21-cv-00833-JLT-GSA-PC 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE 13 v. (ECF No. 11.) 14 UNITED STATES, et al., 15 Defendants. 16 17 18 19 20 Geovanni Pena (“Plaintiff”) is a federal prisoner proceeding pro se and in forma pauperis 21 with this civil rights action pursuant to Bivens vs. Six Unknown Agents, 403 U.S. 388 (1971). 22 On May 24, 2021, Plaintiff filed the Complaint commencing this action. (ECF No. 1.) The 23 Complaint was stricken from the record on June 3, 2021, for Plaintiff’s failure to sign the 24 Complaint. (ECF No. 6.) On June 24, 2021, Plaintiff filed the First Amended Complaint bearing 25 his signature. (ECF No. 8.) 26 On February 23, 2022, the Court issued an order requiring Plaintiff to respond and show 27 cause why this case should not be dismissed for his failure to exhaust administrative remedies, 28 as apparent on the face of the original Complaint. (ECF No. 11.) On June 27, 2022, Plaintiff 1 filed a response to the order. In the response, Plaintiff discusses his allegations and claims under 2 the First, Fifth, Eighth, and Fourteenth Amendments, and state law, but he does not address the 3 exhaustion issue for any of his claims. 4 However, it appears on the face of the First Amended Complaint that Plaintiff exhausted 5 all of his remedies for his claims under 42 U.S.C § 1983 and the Federal Tort Claims Act. (ECF 6 No. 8 at 2, 6-7.) Therefore, the Court shall discharge the order to show cause. 7 Accordingly, IT IS HEREBY ORDERED that the Court’s order to show cause, issued 8 on February 23, 2022, is discharged. 9 IT IS SO ORDERED. 10 11 Dated: July 13, 2022 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28