Navarro

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RODERICK WILLIAM LEAR, Case No. 1:21-cv-00600-KES-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

GRANTING DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT (EXHAUSTION)

NAVARRO, et al., (ECF No. 65)

Defendants. FOURTEEN (14) DAY DEADLINE 16 FINDINGS AND RECOMMENDATIONS I. Background Plaintiff Roderick William Lear (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendants Navarro, Neve, and Allison (“Defendants”) for excessive force in violation of the Eighth Amendment, arising from the incident on January 4, 2020. On May 13, 2022, Defendants filed a motion for summary judgment on the ground that Plaintiff failed to exhaust his administrative remedies before bringing this action, as required by the Prison Litigation Reform Act.1 …