Mubarak v. California Department of Corrections

AMENDED ORDER: (1) ADOPTING-IN-PART MAGISTRATE JUDGE’S REPORT AND RECOMMENDATION; (2) GRANTING DEFENDANTS’ MOTION TO DISMISS; AND (3) DISMISSING ACTION WITHOUT PREJUDICE

SABRAW, District Judge.

Currently pending before this Court is a motion by Defendants to dismiss Plaintiff Mubarak Mubarak’s Third Amended Complaint, pursuant to Fed.R.Civ.P. 12(b). Because Plaintiff is a state prisoner bringing claims for relief under 42 U.S.C. § 1983, the Prison Litigation Reform Act of 1997 (“PLRA”), applies to this case. The Court holds that the PLRA requires “total exhaustion” of administrative remedies…