1 2 3 UNITED STATES DISTRICT COURT 4 NORTHERN DISTRICT OF CALIFORNIA 5 6 JOSE LUIS GARCIA, Case No. 21-cv-03588-JD

7 Plaintiff, ORDER ADOPTING REPORT AND 8 v. RECOMMENDATION, AND DISMISSING CASE WITHOUT 9 KYEONG PARK, PREJUDICE 10 Defendant. Re: Dkt. Nos. 14, 15

11 12 Plaintiff filed a pro se civil rights complaint under

and consented to the 13 jurisdiction of a magistrate judge. Dkt. No. 3. Plaintiff’s original complaint for improper medical 14 care was served on defendant. Plaintiff filed an amended complaint which indicated that he had 15 not fully exhausted his claim in the prison grievance system. Dkt. 13 at 1. Plaintiff stated that his 16 grievance was still pending.

. 17 Defendant did not consent to a magistrate judge, and filed a motion requesting a screening 18 of the amended complaint. Dkt. No. 14. The magistrate judge filed a Report and 19 Recommendation advising that the complaint should be dismissed without prejudice for failure to 20 exhaust administrative remedies. Dkt. No. 15. The report noted that even if plaintiff exhausted 21 administrative remedies after he filed the amended complaint, the action must still be dismissed 22 without prejudice. See Vaden v. Summerhill,

(9th Cir. 2006) (“[A prisoner] 23 may initiate litigation in federal court only after the administrative process ends and leaves his 24 grievances unredressed. It would be inconsistent with the objectives of the [PLRA] to let him 25 submit his complaint any earlier than that.”). Plaintiff objected to the recommendation. Dkt. No. 26 22. 27 The Court overrules plaintiffs’ objection, and adopts the Report and Recommendation. 1 otherwise proper at this time. Consequently, the case is dismissed without prejudice, and plaintiff 2 || may file a new case when he has fully exhausted the claim in the grievance system. 3 IT IS SO ORDERED. 4 Dated: October 5, 2021 5 6 JAMES ATO 7 United SfAtes District Judge 8 9 10 11 12

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