Cooper

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN McCLINTOCK, No. 2: 18-cv-0560 JAM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

T. COOPER, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants’ summary judgment motion. (ECF No. 124.) Defendants move for summary judgment on the merits of plaintiff’s claims and also on the grounds that plaintiff failed to exhaust administrative remedies. For the reasons stated herein, the undersigned recommends that defendants’ motion for summary judgment be granted, except for the claim that plaintiff failed to exhaust claim two. II. Request for Reconsideration In his opposition to defendants’ summary judgment motion, filed May 10, 2022, plaintiff argues that the court wrongly dismissed claim one. (ECF No. 133 at 2-9.) The undersigned construes this…