Ysusi

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PABLO P. PIÑA, Case No. 1:20-cv-01735-BAM (PC) Plaintiff, ORDER GRANTING DEFENDANT

GONZALES’S MOTION FOR SUMMARY

v. JUDGMENT FOR FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES

YSUSI, et al., (ECF No. 41) Defendants. 16 I. Background Plaintiff Pablo P. Piña (“Plaintiff”) is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendant Ysusi for excessive force in violation of the Eighth Amendment and against Defendant J. Gonzales for retaliation in violation of the First Amendment. All parties have consented to United States Magistrate Judge jurisdiction. (ECF Nos. 36, 39.) On April 18, 2022, Defendant Gonzales (“Defendant”) filed a motion for summary judgment on the grounds that Plaintiff failed to exhaust available administrative remedies for his claims in this action before filing suit. (ECF No. 41.) …