Salazar

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SALVADOR CERVANTES, No. 2:15-CV-2686-KJM-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS SALAZAR, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendant’s motion for summary judgment (ECF No. 27). Defendant contends judgement of dismissal is appropriate as a matter of law because plaintiff failed to exhaust administrative remedies prior to filing suit. 21 I. PLAINTIFF’S ALLEGATIONS This action proceeds on plaintiff’s first amended complaint. See ECF No. 8. Plaintiff alleges:

On Friday, May 22, 2015, I submitted a CDCR form 602 appeal to the Appeals Coordinator. I states I had safety concerns because some of the prisoners were being bullies. The Appeals Coordinator contacted Program II Sergeant Salazar. He introduced a CDCR 128b safety concern …