McMillion v. Doer

Summary

The United States District Court for the Eastern District of California vacated findings and recommendations recommending dismissal of Skyler McMillion’s Bivens action for failure to exhaust administrative remedies. The court denied as unnecessary McMillion’s motion for an extension of time because no deadlines were pending, and stated that it would screen the complaint under 28 U.S.C. § 1915A.

Holdings

1. The court vacated the findings and recommendations recommending dismissal because Plaintiff's response asserted that administrative remedies were unavailable, but the court did not determine whether Plaintiff had actually exhausted administrative remedies.
2. The motion for an extension of time was denied as unnecessary because vacating the findings and recommendations left no pending deadlines requiring an extension.

Questions Presented

1. Whether the findings and recommendations recommending dismissal for failure to exhaust administrative remedies should be vacated after Plaintiff asserted that administrative remedies were unavailable.
2. Whether Plaintiff's motion for a 90-day extension of time for pending deadlines should be granted when no deadlines remained pending.

Disposition

vacated