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Harrison L. Burton v. Warden Mcdonald

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


November 1, 2011

HARRISON L. BURTON, PLAINTIFF,
v.
WARDEN MCDONALD,
DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

This action was closed on August 16, 2011, due to plaintiff's failure to exhaust his administrative remedies before commencing suit. However, after entry of judgment, plaintiff filed a proposed "First Amended Complaint," wherein he states that he has now exhausted his administrative remedies. A prisoner is required to exhaust administrative remedies for claims contained within a complaint before the complaint is filed. See 42 U.S.C. § 1997e(a); Rhodes v. Robinson, 621 F.3d 1002, 1005 (9th Cir. 2010). Thus, plaintiff must file a new action, with a new complaint that demonstrates exhaustion of his administrative remedies.

Accordingly, IT IS HEREBY ORDERED that:

1. The instant action shall remain closed, and plaintiff is instructed to file no further documents in this case; and

2. The Clerk of Court is directed to send plaintiff a copy of his "First Amended Complaint," filed in this action on August 29, 2011 (Dkt. No. 8), for reference purposes only; if plaintiff intends to purse the contentions raised therein, he must do so in a new complaint, filed in a new action.

SO ORDERED.

20111101

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