Starr

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 YASYN WHITE-SOTO, Case No. 1:19-cv-0457 JLT BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS GRANTING

v. DEFENDANT’S MOTION FOR SUMMARY

JUDGMENT REGARDING EXHAUSTION,

STARR, DISMISSING THE ACTION, AND

DIRECTING THE CLERK OF COURT TO

Defendant. CLOSE THIS CASE (Docs. 33, 65) Yasyn White-Soto seeks to hold Defendant Starr liable for excessive force in violation of the Eighth Amendment and retaliation in violation of the First Amendment. (Docs. 1, 9.) Defendant seeks summary judgment, asserting Plaintiff failed to exhaust his administrative remedies prior to filing this action. (Doc. 33.) The magistrate judge found Defendant carried his burden to show Plaintiff did not exhaust his administrative remedies prior to filing this action, because Plaintiff filed his complaint “during the exhaustion process.” (Doc. 65 at 9.) Specifically, the…