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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DAVON FENIX, Case No.: 1:24-cv-0202 JLT SAB Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, GRANTING

v. DEFENDANTS’ MOTION FOR SUMMARY

JUDGMENT REGARDING EXHAUSTION,

GAVIN NEWSOM, et al., AND DISMISSING DEFENDANTS MILLER

AND CASAURANG FROM THE ACTION

Defendants. (Docs. 37, 40)

Davon Fenix seeks to hold defendants Miller, Casaurang, and Soto liable for violations of his civil rights under the Eighth Amendment. (See Docs. 15, 24.) Defendants Miller and Casaurang seek summary judgment on the claims raised against them, asserting that Plaintiff failed to exhaust his administrative remedies. (Doc. 37.) Plaintiff did not oppose the motion. The magistrate judge reviewed the undisputed evidence and found Defendants met their burden to demonstrate that Plaintiff did not exhaust his administrative remedies related to the claims raised against Miller and Casaurang. (Doc. 40 at 8-11.) Therefore, the…