Jenkins

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICHARD GOSZTYLA, No. 2:22-cv-01706-DJC-EFB (PC) Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

A. JENKINS, Defendant. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. The case proceeds on plaintiff’s claims that defendant Jenkins, an officer at Mule Creek State Prison (MCSP), improperly searched plaintiff in violation of the Fourth and Eighth Amendments and retaliated against him in violation of the First Amendment. See ECF No. 1 at 5- 6, 10; ECF No. 7 at 2-3. Before the court is defendant’s motion for summary judgment for failure to exhaust administrative remedies (ECF No. 33), which is fully briefed. ECF Nos. 34 & 35. For the reasons set forth below, it is recommended that the motion be granted and the case dismissed without prejudice. ////

1 Plaintiff has also filed an unauthorized sur-reply “responding to” defendant’s reply. ECF No. 36. …