Costello

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ANTWONE STOKES, No. 2:24-cv-2413 CSK P 12 Plaintiff, 13 v. ORDER AND 14 SGT. COSTELLO, FINDINGS & RECOMMENDATIONS 15 Defendant. 16 17 Plaintiff is a state prisoner proceeding pro se. This civil rights action brought under 18 42 U.S.C. § 1983 proceeds on plaintiff’s claim that on August 13, 2024, defendant Sgt. Costello 19 used excessive force in violation of the Eighth Amendment. (ECF No. 10 at 1.) Defendant’s 20 fully briefed motion for summary judgment on exhaustion grounds is before the Court. 21 As set forth below, it is recommended that the motion for summary judgment be granted, 22 and this action be dismissed without prejudice. 23 I. BACKGROUND 24 On August 20, 2025, defendant Sgt. Costello filed a motion for summary judgment on the 25 grounds that plaintiff failed to exhaust his administrative remedies prior to bringing the instant 26 action. (ECF No. 25.) On September 11, 2025, plaintiff was granted a thirty day…