Pfeiffer

BACKGROUND

23 This action is proceeding against Defendant Palomino for deliberate indifference to a 24 serious medical need in violation of the Eighth Amendment. (ECF No. 17.) 25 On July 15, 2024, Defendant Palomino filed an answer to the operative complaint. (ECF 26 No. 21.) 27 On August 16, 2024, the Court issued the discovery and scheduling order. (ECF No. 25.) 28 On December 16, 2024, Defendant filed the instant exhaustion motion for summary judgment. (ECF No. 26.) Plaintiff filed an opposition on January 10, 2025, and Defendant filed a reply on January 24, 2025. (ECF Nos. 29, 30.) II. LEGAL STANDARD A. Statutory Exhaustion Requirement The Prison Litigation Reform Act (PLRA) of 1995, requires that prisoners exhaust “such administrative remedies as are available” before commencing a suit challenging prison conditions.” 42 U.S.C. § 1997e(a); see also Ross v. Blake, 578 U.S. 632, 638 (2016) (“An inmate, that is, must exhaust available remedies, but need not exhaust unavailable ones.”). Exhaustion is mandatory unless unavailable. “The obligation to exhaust…