Torres

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

7 8 XZAVR MOORE, Case No. 1:18-cv-00601-LJO-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS THAT

DEFENDANT’S MOTION FOR SUMMARY

v. JUDGMENT FOR FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES BE GRANTED

C. GRIECO, et al.,

AND PLAINTIFF’S CASE DISMISSED Defendants. WITHOUT PREJUDICE

OBJECTIONS, IF ANY, DUE WITHIN

DAYS

15 (ECF NO. 43)

17 18 Plaintiff Xzavr Moore aka Amber Moore (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983 against Defendant C. Grieco (“Defendant”) for First Amendment retaliation. On September 27, 2019, Defendant filed a motion for summary judgment, arguing that Plaintiff failed to exhaust available administrative remedies prior to filing suit. (ECF No. 43.) For the reasons that follow, the Court recommends that Defendant’s motion for summary judgment be granted and that Plaintiff’s case be dismissed without prejudice for failure to exhaust…