Pascua

BACKGROUND

21 This action is proceeding against Defendants N. Pascua and M. Childress for deliberate 22 indifference to a serious medical need in violation of the Eighth Amendment. 23 Defendants filed an answer to the third amended complaint (operative complaint) on 24 February 3, 2023. (ECF No. 40.) 25 On March 28, 2023, the Court issued the discovery and scheduling order. (ECF No. 46.) 26 As previously stated, on August 28, 2023, Defendants filed the instant motion for 27 summary judgment for failure to exhaust the administrative remedies. (ECF No. 48.) Plaintiff 28 filed a timely opposition on October 16, 2023, and Defendants filed a reply on December 13, 2023. (ECF Nos. 52, 57.) On March 1, 2024, the Court stayed all merits-based discovery and vacated the discovery and dispositive motions deadlines to be reset following resolution of the instant motion, if necessary. (ECF No. 59.) On March 25, 2024, Findings and Recommendations were issued recommending that Defendants’ motion for summary judgment be denied and the matter be set for an evidentiary hearing to determine whether the action should be dismissed, without prejudice, for failure…