Ward

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 JOSEPH WARD, Case No.: 3:23-cv-01423-BJC-AHG

Plaintiff,

REPORT AND

v. RECOMMENDATION FOR ORDER

GRANTING DEFENDANT’S

E. PASCUAL,

MOTION TO DISMISS PLAINTIFF’S

Defendant. FIRST AMENDMENT CLAIM FOR

FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES

[ECF No. 33]

19 20 21 22 Plaintiff Joseph Ward (“Plaintiff”), a state prisoner incarcerated at the R.J. Donovan Correctional Facility (“RJD”) at the time of the events but who has since transferred to another correctional facility, is proceeding pro se with a civil rights complaint pursuant to 42 U.S.C. § 1983. ECF Nos. 9, 10. Plaintiff alleges Defendant E. Pascual (“Defendant”) violated his rights under the First Amendment, Eighth Amendment, and Fourteenth Amendment by leaving Plaintiff’s cell door open allowing another inmate to attack him and failing to promptly administer medical care in retaliation…