(PC)Allen
James D. Allen v. Arias, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JAMES D. ALLEN, Case No. 1:22-cv-01502-BAM (PC) Plaintiff, ORDER GRANTING DEFENDANTS’
MOTION FOR SUMMARY JUDGMENT FOR
v. FAILURE TO EXHAUST ADMINISTRATIVE
REMEDIES
ARIAS, et al., (ECF No. 60) Defendants.
16 Plaintiff James D. Allen (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s third amended complaint against: (1) Defendant M. Rodriguez for excessive force in violation of the Eighth Amendment; (2) Defendant M. Rodriguez for assault and battery under state law; and (3) Defendant J. Anaya for failure to protect/intervene in violation of the Eighth Amendment. All parties have consented to United States Magistrate Judge jurisdiction. (ECF No. 59.) On February 6, 2025, Defendants J. Anaya and M. Rodriguez filed a motion for summary judgment on the ground that Plaintiff failed to exhaust his…