(PC) Smith v. Gonzales

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LARRY SMITH, No. 1:17-cv-00436-DAD-GSA (PC) Plaintiff, v. ORDER ADOPTING IN PART FINDINGS

AND RECOMMENDATIONS, GRANTING

SERGEANT J. GONZALES, Program IN PART DEFENDANTS’ MOTION FOR Sergeant at CSP-Corcoran; et al., SUMMARY JUDGMENT 15 Defendants. (Doc. Nos. 36, 52)

17 Plaintiff Larry Smith is a state prisoner proceeding pro se and in forma pauperis with this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On November 15, 2019, the assigned magistrate judge issued findings and recommendations, recommending that defendants’ motion for summary judgment be granted in part due to plaintiff’s failure to exhaust his administrative remedies prior to filing suit with respect to all of his claims as required. (See Doc. Nos. 36, 52.) The findings and recommendations were served on both parties and contained…