Gamboa

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM ROUSER, No. 2:19-CV-1233-DJC-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS JULIA GAMBOA, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendants’ motion for summary judgment based on lack of exhaustion of administrative remedies. See ECF No. 92. Plaintiff has filed an opposition. See ECF No. 93. Defendants have filed a reply. See ECF No. 94. The Federal Rules of Civil Procedure provide for summary judgment or summary adjudication when “the pleadings, depositions, answers to interrogatories, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Fed. R. Civ. P. 56(a). The standard for summary judgment and summary adjudication is the same. See…