Nicolas

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BALJIT SINGH, No. 2: 18-cv-1852 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS AGUILERA NICOLAS, et al., Defendants. 16 I. Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against defendants Austin and Aguilera. Defendants are represented by separate counsel. On September 30, 2019, the court granted defendant Austin’s summary judgment motion on the grounds that plaintiff failed to exhaust administrative remedies. (ECF No. 46.) Pending before the court is defendant Aguilera’s motion for summary judgment on the grounds that plaintiff failed to exhaust administrative remedies prior to filing this action and also on the merits of plaintiff’s claims. (ECF No. 45.)

Plaintiff identified defendant Aguilera as “Aguilera Nicolas.” However, according to defendant’s pleadings, defendant’s name is…