Dickey

ORDER AND JUDGMENT *

Plaintiff Jerry Dickey, appearing pro se, appeals the district court’s grant of Defendants’ motion for summary judgment. We exercise jurisdiction under 28 U.S.C. § 1291 .

Plaintiffs suit arises from beatings that he suffered at the hands of other inmates on October 16, 1995, and April 30, 1996, at the Salt Lake Metro Jail, where he was incarcerated while awaiting trial for murder. Defendants were jail officials at the time. Plaintiff sued under 42 U.S.C. § 1983 , alleging that Defendants violated the Fourteenth Amendment by failing to protect him from his fellow inmates.

*536 The United States District Court for the District of Utah, following Martinez v. Aaron, 570 F.2d 317 (10th Cir.1978), ordered a report on the incidents. After receiving the report, the court granted summary judgment to Defendants. The district court held that Plaintiff had failed to exhaust available administrative remedies on his claim arising from the April 30, 1996, assault, and that Plaintiff could not demonstrate deliberate indifference to his safety by jail officials prior to the October 16, 1995, assault. We must reverse and remand, however, because Defendants never filed a…