Malet

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEAN-MAX DARBOUZE, No. 2:23-cv-3055 CSK P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

DR. GREG MALET, Defendant. 16 I. INTRODUCTION Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before this Court is defendant Malet’s motion for summary judgment on the grounds that plaintiff failed to exhaust administrative remedies. (ECF No. 41.) As discussed below, defendant’s summary judgment motion addresses two of the three claims raised in the amended complaint. For this reason, this Court construes defendant’s summary judgment motion as a motion for partial summary judgment. For the following reasons, this Court recommends that defendant’s motion for partial summary judgment be granted. II. LEGAL STANDARDS FOR SUMMARY JUDGMENT Summary judgment is appropriate when it is demonstrated that the standard set forth in Federal Rule of…