Kerns

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 JAMES R. KERNS, Case No. 22-cv-06979-PCP

Plaintiff,

ORDER GRANTING MOTION FOR

v. SUMMARY JUDGMENT

Y. CUEVAS, et al., Re: Dkt. No. 24 Defendants.

12 James Kerns, a California prisoner proceeding pro se, has filed a civil rights complaint pursuant to 42 U.S.C. § 1983. Mr. Kerns alleges that defendants Cuevas and Jones failed to adequately separate inmates during medical appointments, and that this negligence caused Mr. Kerns to suffer a beating from another inmate. Defendants have moved for summary judgment. Dkt. No. 24 (“MSJ”). The Court agrees with defendants that Mr. Kerns did not properly exhaust his administrative remedies. Because Mr. Kerns failed to properly exhaust, defendants are entitled to summary judgment and the Court need not consider defendants’ other arguments. For the reasons stated below, defendants’ motion for summary judgment is GRANTED. I. Background At all relevant times, Mr.…