Cazores
Tylo Jerome Felix, Jr. v. C. Cazares, et al.
Opinion
Trial Court Opinion
I. INTRODUCTION
21 Defendants filed a motion for summary judgment on January 3, 2025, alleging Plaintiff 22 failed to exhaust his administrative remedies before filing suit. (Doc. 26.) Plaintiff opposed (Doc. 23 29) and Defendants replied (Doc. 31). Following submission of Defendants’ reply, Plaintiff filed 24 a document titled “Response to Opposition Response” on February 14, 2025. (Doc. 33.)
1 This action was severed from Plaintiff’s original action titled Felix v. Dougherty, et al., case number 1:21-cv-01472-JLT-SKO, on March 20, 2024. (See Doc. 1.) 27 2 Defendants Cazares and Smothermon were erroneously sued as “C. Cazores” and “J. Smotherman,” respectively. (See Doc. 2.) Their answer filed July 1, 2024, reflects the correct spelling of their surnames. II. PLAINTIFF’S ALLEGATIONS Plaintiff contends that on June 19, 2019, Defendant Cazores asked him to “turn around and cuff up” after he complained about “how hot it was inside [his] cell and asking why did officers destroy [his] property.” (Doc. 2 at 7.) Plaintiff states he began to comply, believing he would be taken to the sergeant or lieutenant’s office. (Id.) As…