(PC) Thomas v. Kern Valley State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICHARD LEE THOMAS, Case No.: 1:21-cv-01675 JLT SKO Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. DEFENDANTS’ MOTION FOR SUMMARY

JUDGMENT REGARDING EXHAUSTION,

KERN VALLEY STATE PRISON, et al., AND DISMISSING THE ACTION WITHOUT

PREJUDICE

Defendants. (Docs. 32, 42)

Richard Lee Thomas seeks to hold the defendants liable for violations of his civil rights while housed at Kern Valley State Prison. (Docs. 13, 18.) Defendants seek summary judgment, asserting that Plaintiff failed to exhaust all his administrative remedies. (Doc. 32-1 at 6.) Plaintiff admits that he failed to exhaust the administrative remedies, but he argues the failure should be excused. (See Doc. 38 at 1; see also id. at 1-8.) The assigned magistrate judge observed it was undisputed that Plaintiff did not exhaust his administrative remedies prior to filing this action. (Doc. 42 at 16.) Although Plaintiff asserted that “he…