Harris v. City of Madera

Summary

In this order, the United States Magistrate Judge directs a state prisoner to show cause why his amended 42 U.S.C. § 1983 action should not be summarily dismissed. The court identifies apparent untimeliness based on claims arising in 2016 and failure to exhaust available administrative remedies under the Prison Litigation Reform Act. The plaintiff is given fourteen days either to show cause or voluntarily dismiss the action.

Holdings

1. The action appeared untimely because the alleged injury accrued on September 29, 2016, the applicable limitations period, including the available two-year prisoner tolling period, expired no later than September 29, 2020, and Plaintiff's complaint was not constructively filed until April 29, 2022.
2. The amended complaint appeared subject to dismissal for failure to exhaust administrative remedies because it acknowledged an available jail grievance process but admitted that Plaintiff did not use it and did not plausibly establish that the process was unavailable.
3. The amended complaint's assertion of claims against defendants and based on conduct not included in the original complaint was an additional ground supporting dismissal.

Questions Presented

1. Whether the first amended complaint appeared barred by the applicable four-year limitations period, including available statutory and equitable tolling.
2. Whether Plaintiff's failure to exhaust the available Madera County Jail administrative-remedy process required dismissal under the Prison Litigation Reform Act.
3. Whether the first amended complaint improperly asserted claims against new defendants and unrelated claims not raised in the original complaint.

Disposition

other