Knight

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 OMAR MARTIN, No. 1:22-cv-01582-KES-BAM (PC) Plaintiff, ORDER DECLINING TO ADOPT FINDINGS

AND RECOMMENDATIONS

v. Doc. 45 KNIGHT, et al., Defendants. 16 Plaintiff Omar Martin is a state prisoner proceeding pro se and in forma pauperis in this 17 civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on plaintiff’s first amended 18 complaint against defendant Knight for deliberate indifference in violation of the Eighth 19 Amendment. 20 On January 26, 2024, defendant filed a motion for summary judgment on the ground that 21 plaintiff failed to exhaust his administrative remedies prior to filing suit. Doc. 40. Plaintiff was 22 provided with notice of the requirements for opposing a motion for summary judgment. Doc. 41 23 (citing Woods v. Carey, 684 F.3d 934 (9th Cir. 2012); Rand v. Rowland, 154 F.3d 952, 957 (9th 24 Cir. 1988); Klingele v. Eikenberry, 849 F.2d 409, 411–12 (9th Cir. 1988). This notice also stated 25 that “plaintiff is required to file an…