Kurgan

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHAEL LUCIEN GARCIA, No. 2:22-cv-1068 DC CKD P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 KATHLEEN ALLISON, et al., 15 Defendants. 16 17 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil 18 rights under 42 U.S.C. § 1983. On September 15, 2025, in 2:22-cv-1051 DC CKD P, the court 19 granted defendant Kurgan, the only defendant remaining in this action, summary judgment on 20 plaintiff’s remaining claims in that action. The court found that plaintiff failed to exhaust 21 available administrative remedies as he is required to do under 42 U.S.C. § 1997(e)(a). ECF 22 Nos. 63 & 67. The claims that remain in this action--one for excessive force arising under the 23 Eighth Amendment and one arising under the First Amendment for retaliation for protected 24 speech--arise from the same interaction between plaintiff and defendant Kurgan on August 6, 25 2021 underlying the dismissed claims in 2:22-cv-1051 DC CKD P. …