(PC) Quinones v. St. Andre

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 STEVEN QUINONES, No. 2:22-CV-0833-DC-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 RICHARD GRAY, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the Court is Defendant Gray’s motion for summary judgment. 19 ECF No. 37. Defendant argues that Plaintiff cannot prevail on the merits of his claims and that 20 Plaintiff failed to exhaust his claims by way of the prison grievance process prior to filing suit. 21 Plaintiff has not filed an opposition. 22 The Federal Rules of Civil Procedure provide for summary judgment or summary 23 adjudication when “the pleadings, depositions, answers to interrogatories, and admissions on file, 24 together with affidavits, if any, show that there is no genuine issue as to any material fact and that 25 the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(a). The 26 …