(PC) Gaines v. CA Dept. of Corrections

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

THURMAN GAINES, Case No. 1:15-cv-00587-LJO-SAB (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DEFENDANTS’ MOTION

v. FOR SUMMARY JUDGMENT ON NON-

EXHAUSTION GROUNDS

CALIFORNIA DEPT. OF CORRECTIONS, et al., (ECF Nos. 77, 81, 84) 15 Defendants. OBJECTIONS DUE WITHIN THIRTY DAYS Thurman Gaines (“Plaintiff”), a state prisoner, is appearing pro se and in forma pauperis in this civil rights action pursuant to U.S.C. § 1983. Currently before the Court is Defendant’s motion for summary judgment on the grounds of failure to exhaust administrative remedies. For the reasons discussed below, it is recommended that Defendants’ motion for summary judgment be denied without prejudice and the matter be referred for an evidentiary hearing. I. RELEVANT PROCEDURAL HISTORY This action has a lengthy procedural history. Plaintiff filed…