Whether the Eastern District abused its discretion finding Petitioner was not entitled to an "imminent danger" exception to the PLRA, 42 USC § 1997e(a) exhaustion requirement, given the exgency of the circumstances at the time he contracted the coronavirus, tested positive on 12-8 filed the Complaint on 12-13-20, with Covid-related deaths at the prison in that week(a total of 4 deaths in a 16 day span), considering the level of prison administration "machination", under political pressure not to respond to Covid-related CDC 602's, after its "import" policy resulted in the outbreak, where the Chief Medical Officer was instructing medical staff not to respond to CDCR 7362's(the prerequisite to filing a CDCR 602 HC Grievance), establishing "futility", and "unavailability";and

Whether the Eastern District abused its discretion relying on the absence of precedent in the 9th Circuit, and that no exception is recognized cit ing Severson v. Igbinosa, finding Fletcher v. Menard Corr. Cntr., was misplaced, contrary to the intent of Congress;

Whether the Eastern District abused its discretion sua sponte dismissing the action pre-service, despite the impossibilty to do so without giving the defendants an opportunity to waive the exhaustion defense(given Pet itioners due process protections), and without Office of Inspector Gener- al("0IG") intervention on the issue, given the fact that CCHCS has been under receivership since 2006 in Plata with the OIG reporting on an injunction request in the case in 2021, and had previously been conduct ing audits/ investigations into an "inadequate" appeal system, and defic iencies in HCS delivery throughout CDCR- where Petitioner hadn't "express ly conceded to non-exhaustion" as the DC asserted.

Whether the Eastern District abused its discretion finding Petitioner was not entitled to an 'imminent danger' exception to the PLRA, 42 USC § 1997e(a) exhaustion requirement