Biter

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 FRANK BACA, Case No. 1:15-cv-01916-DAD-JDP

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY DEFENDANT DILEO’S AND

v. DEFENDANT AKANNO’S MOTIONS FOR

SUMMARY JUDGMENT FOR FAILURE

MARTIN BITER, et al., TO EXHAUST ADMINISTRATIVE

REMEDIES

Defendants.

OBJECTIONS DUE IN 14 DAYS

16 ECF Nos. 127, 130 17 Plaintiff Frank Baca is a state prisoner proceeding with appointed counsel in this civil rights action brought under 42 U.S.C. § 1983. Plaintiff alleges that prison officials failed to treat his Hepatitis C Virus and related conditions in violation of the Eighth Amendment. See ECF No. 29. On July 12, 2019, defendant Dileo moved for summary judgment on the ground that plaintiff failed to exhaust his administrative remedies. ECF No. 127. On July 19, 2019, defendant Akanno moved for the same relief. ECF No. 130. Both defendants concede that plaintiff pursued a 2015 grievance through the entire administrative…