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Walls v. Adams

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


May 12, 2009

RON WALLS, PLAINTIFF,
v.
B. C. ADAMS, ET AL., DEFENDANTS.

ORDER

Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Currently under consideration are plaintiff's February 26, 2009, motion to compel discovery and April 29, 2009, request for forms necessary to serve process on defendants. For the reasons explained, the motion and the request are denied.

This court has reviewed the initial and amended complaints, and in findings and recommendations filed May 4, 2009, determined that plaintiff conceded that he did not exhaust the available administrative remedies before commencing this action. See 42 U.S.C. § 1997e(a); McKinney v. Carey, 311 F.3d 1198, 1200 (9th Cir. 2002). He exhausted after commencing suit, which is impermissible. Id. Thus, there is no basis for plaintiff to proceed further with this action, including service of process and discovery.

Accordingly, it is ORDERED that plaintiff's February 26, 2009, motion to compel discovery and April 29, 2009, request for forms are denied.

20090512

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