Pascua

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 STACEN OMAR Case No. 1:22-cv-0104 JLT SAB (PC)

OUTHOUMMOUNTRY,

ORDER REFERRING THE MATTER FOR Plaintiff, AN EVIDENTIARY HEARING 13 v. ORDER DECLINING TO CONSIDER THE FINDINGS AND RECOMMENDATIONS PASCUA, et al., DENYING DEFENDANTS’ EXHAUSTION MOTION FOR SUMMARY JUDGMENT Defendants. UNTIL AFTER THE EVIDENTIARY HEARING IS COMPLETED (Docs. 48, 61) 18 Stacen Omar Outhoummountry seeks to hold N. Pascua and M. Childress liable for 19 deliberate indifference to his serious medical need in violation of the Eighth Amendment. 20 Defendants seek summary judgment, asserting Plaintiff failed to exhaust his administrative 21 remedies prior to filing this action. (Doc. 48.) 22 The magistrate judge found Defendants carried “their initial burden of demonstrating that 23 Plaintiff failed to exhaust the administrative…