(PC) Jones v. Perez

8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA RAYMOND JONES, Case No. 1:19-cv-01553-LJO-JLT (PC) 12 Plaintiff, ORDER DISCHARGING ORDER TO SHOW CAUSE 13 v. (Doc. 6) PEREZ, et al., 15 Defendants.

17 On November 12, 2019, the Court ordered Plaintiff to show cause why this action should not be dismissed for failure to exhaust administrative remedies. (Doc. 6.) Plaintiff responded and stated that he did not exhaust because a defendant threatened to punish him with a false rules violation report if he filed a grievance. (Doc. 11.) Plaintiff argues that the prison’s administrative 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 merits of Plaintiff’s claims because the failure to exhaust is generally an affirmative defense that the defendants must plead and prove. Jones v. Bock, 549 U.S. 199, 216 (2007).

IT IS SO ORDERED.

27 Dated: December 27, 2019 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE