Edwards

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DEJWAN SIMMS, Case No. 1:22-cv-00028-BAM (PC) Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION FOR SUMMARY JUDGMENT

v. FOR FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES

EDWARDS, (ECF No. 31) Defendant.

16 I. Background Plaintiff Dejwan Simms (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendant Edwards (“Defendant”) for deliberate indifference to medical needs and for failure to protect, in violation of the Eighth Amendment, relating to the events surrounding Plaintiff’s transport back to North Kern State Prison on October 16, 2020. All parties have consented to United States Magistrate Judge jurisdiction. (ECF No. 43.) On October 31, 2022, Defendant filed a motion for summary judgment on the ground that there is no genuine dispute as to any material fact that Plaintiff failed to exhaust available administrative…