Kern

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ROMAINE NEVELS, No. 2:22-cv-0441 KJM AC P Plaintiff, v. FINDINGS & RECOMMENDATIONS J. KERN, Defendant. 16 Plaintiff is a state prisoner proceeding pro se with a civil rights action pursuant to 42 U.S.C. § 1983. Currently before the court is defendants’ motion for summary judgment. ECF No. 23. I. Procedural History The complaint named defendant Kern in his individual and official capacity and alleged that Kern violated plaintiff’s Eighth Amendment rights. ECF No. 1. On screening, the court found that plaintiff had stated a claim against Kern in his individual capacity but dismissed the official capacity claim. ECF Nos. 7, 14. Prior to the close of discovery, defendant filed a motion for summary judgment on the ground that plaintiff failed to exhaust his administrative remedies. ECF No. 23. Plaintiff opposes the motion. ECF Nos. 31, 32. Merits-based discovery is presently stayed pending…