Sysouvanh

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DONELL THOMAS HAYNIE, No. 2:22-cv-02204 DAD SCR P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

CASSANDRA SYSOUVANH, Defendants. 16 Plaintiff is a state prisoner proceeding pro se and in forma pauperis in this civil rights action under 42 U.S.C. § 1983. Before the court is defendant’s pre-answer motion for partial summary judgement (ECF No. 43), which seeks dismissal of plaintiff’s First Amendment retaliation claim for failure to exhaust administrative remedies under the Prison Litigation Reform Act, 42 U.S.C. § 1997e et seq. Also before the court is plaintiff’s motion to appoint counsel. (ECF No. 48.) For the reasons described below, the undersigned recommends that defendant’s motion for partial summary judgment be denied and denies plaintiff’s motion to appoint counsel. BACKGROUND I. Second Amended Complaint This case proceeds on plaintiff’s second amended complaint…