Anthony Mark Herrera, Jr. v. Kathleen Allison, et al.

Summary

The United States District Court for the Eastern District of California discharges its order to show cause concerning Plaintiff Anthony Mark Herrera, Jr.'s application to proceed in forma pauperis and alleged failure to exhaust administrative remedies. The court finds good cause based on allegations that prison officials interfered with the administrative grievance process, but makes no determination regarding whether administrative remedies were actually exhausted or unavailable.

Holdings

1. Plaintiff's liberally construed allegations of interference with his efforts to exhaust administrative remedies established good cause to discharge the order to show cause.
2. The court made no determination whether Plaintiff exhausted administrative remedies or was excused from doing so; the exhaustion issue remained available for a viable defendant to raise later in the pleadings.

Questions Presented

1. Whether Plaintiff's responses demonstrated good cause to discharge the order to show cause regarding failure to exhaust administrative remedies.
2. Whether the court should decide at this stage whether Plaintiff exhausted administrative remedies or was excused from exhaustion.

Disposition

other