(PC) Gaines v. CA Dept. of Corrections

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 THURMAN GAINES, Case No. 1:15-cv-00587-LJO-SAB (PC) Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS, DENYING,

v. WITHOUT PREJUDICE, DEFENDANT’S

MOTION FOR SUMMARY JUDGMENT ON

CALIFORNIA DEPARTMENT OF NON-EXHAUSTION GROUNDS, AND CORRECTIONS, et al., REFERRING MATTER FOR ALBINO EVIDENTIARY HEARING Defendants. (ECF Nos. 77, 87) 17 Plaintiff Thurman Gaines is a state prisoner proceeding in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On September 5, 2019, the assigned Magistrate Judge issued findings and recommendations recommending that Defendant Horowitz’s motion for summary judgment on the issue of exhaustion be denied without prejudice, and that this matter be set for an Albino evidentiary…