Degough

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL STEPHEN KELLER, Case No. 1:22-cv-01487-BAM (PC) Plaintiff, ORDER GRANTING DEFENDANT’S

MOTION FOR SUMMARY JUDGMENT

v. FOR FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES

DEGOUGH, (ECF No. 40) Defendant. 16 I. Background Plaintiff Paul Stephen Keller (“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 against Defendant Degough (“Defendant”) for deliberate indifference to conditions of confinement in violation of the Eighth Amendment. All parties have consented to United States Magistrate Judge jurisdiction. (ECF No. 34.) On June 21, 2024, Defendant filed a motion for summary judgment on the ground that the undisputed facts in the record prove that Plaintiff failed to properly exhaust available administrative remedies before filing suit, as required by the Prison Litigation Reform Act, 42 U.S.C. § 1997e(a). (ECF…