Hosey

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY LEE BEAVERS, Case No. 1:21-cv-00650-HBK (PC) 12 Plaintiff, ORDER GRANTING DEFENDANTS’

EXHAUSTION BASED MOTION FOR

13 v. SUMMARY JUDGMENT AS TO

DEFENDANTS MENDOZA AND

14 HOSEY, MENDOZA, and ESPINOZA, ESPINOZA1 15 Defendants. (Doc. No. 38) 16 17 18 Pending before the Court is Defendants’ exhaustion-based Motion for Summary Judgment 19 brought on behalf of Defendants Mendoza, and Espinoza on October 25, 2024. (Doc. No. 38, 20 “MSJ”). Plaintiff filed an Opposition, (Doc. No. 41), and Defendants filed a Reply. (Doc. No. 21 44). Finding no genuine dispute of material fact that Plaintiff did not exhaust his Eighth 22 Amendment failure to protect claims against Defendants Mendoza and Espinoza, the Court grants 23 Defendants’ MSJ. This case remains pending against only Defendant Hosey. 24 I. BACKGROUND 25 A. Summary of Plaintiff’s Operative Complaint 26 Plaintiff Gary Lee Beavers (“Plaintiff” or…