Borum

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LAMONT SHEPARD, No. 1:18-cv-00277-DAD-JDP (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

M. BORUM, Correctional Officer at Kern DEFENDANTS’ MOTION FOR SUMMARY Valley State Prison; et al., JUDGMENT 15 Defendants. (Doc. Nos. 32, 49)

17 Plaintiff Lamont Shepard is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On July 8, 2019, defendants moved for summary judgment under Federal Rule of Civil Procedure 56, arguing that plaintiff had failed to exhaust his administrative remedies prior to filing suit as required. (Doc. No. 32.) On March 3, 2020, the assigned magistrate judge issued findings and recommendations, recommending that defendants’ motion for summary judgment be denied. (Doc. No. 49.) The findings and recommendations were…