Tapia

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EMANUEL LEWIS BOONE, No. 1:20-cv-01281-KES-BAM (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS GRANTING

v. DEFENDANTS’ MOTION FOR SUMMARY

JUDGMENT RE: EXHAUSTION

TAPIA, et al., (Docs. 26, 39) Defendants. 16 Plaintiff Emanuel Lewis Boone 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 Tapia and Felix for excessive force in violation of the Eighth Amendment, defendants Arroyo and Jimenez for failure to protect in violation of the Eighth Amendment, and defendants Tapia, Arroyo, and Jimenez for violation of the Due Process Clause. On May 14, 2024, the assigned magistrate judge issued findings and recommendations that defendants’ motion for summary judgment for failure to exhaust be granted. Doc. 39. The findings and recommendations were served on the…