Perez
Perez v. Contra Costa County Sheriff Department
Opinion
Trial Court Opinion
INTRODUCTION
13 Plaintiff, a California prisoner proceeding pro se, filed this civil rights complaint under 42 14 U.S.C. ' 1983 against Contra Costa County Sherriff’s Department regarding the conditions of his confinement at the county jail. Defendant filed a motion for summary judgment arguing, inter alia, Plaintiff did not exhaust his administrative remedies. Plaintiff did not file an opposition despite being warned of the potential adverse consequences of not doing so. For the reasons discussed below, the motion for summary judgment is GRANTED. DISCUSSION I. Standard of Review Summary judgment is proper where the pleadings, discovery and affidavits show that there is "no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law." Fed. R. Civ. P. 56(c). Material facts are those which may affect the outcome of the case. Anderson v. Liberty Lobby, Inc., 477 U.S. 242,248 (1986). A dispute as to a material fact is genuine if there is sufficient evidence for a reasonable jury to return a verdict for the nonmoving party. Id. …