Dalevon Anthony Colbert v. Wasco State Prison, et al.

Summary

The United States District Court for the Eastern District of California ordered pro se plaintiff Dalevon Anthony Colbert to show cause within 30 days why his 42 U.S.C. § 1983 action should not be dismissed for failure to exhaust administrative remedies under the Prison Litigation Reform Act. The court directed plaintiff to answer exhaustion questions concerning both claims or, alternatively, to voluntarily dismiss the action without prejudice.

Holdings

1. The Prison Litigation Reform Act requires a prisoner to exhaust available administrative remedies before bringing an action concerning prison conditions, and unexhausted claims cannot be brought in federal court.
2. Although failure to exhaust is ordinarily an affirmative defense for the defendant to plead and prove, a court may dismiss a claim when failure to exhaust is clear from the face of the complaint.

Questions Presented

1. Whether the complaint showed on its face that Plaintiff may have failed to exhaust available administrative remedies before filing suit under the Prison Litigation Reform Act.
2. Whether Plaintiff should be required to explain, as to each claim, whether he submitted and fully appealed an administrative grievance.

Disposition

other