Vera

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AUDREE CHATMAN, No. 1:18-cv-01463-DAD-SAB (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND DENYING

H. VERA, et al., DEFENDANT’S MOTION FOR SUMMARY

JUDGMENT

Defendants. (Doc. Nos. 24, 33)

17 Plaintiff Audree Chatman is proceeding pro se and in forma pauperis in this civil rights action brought under 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. This case now proceeds on plaintiff’s claim against defendant H. Vera for excessive use of force in violation of the Eighth Amendment of the United States Constitution. (Doc. No. 11.) On October 28, 2019, defendant Vera filed a motion for summary judgment based on plaintiff’s purported failure to exhaust his administrative remedies prior to filing suit as is required. (Doc. No. 24.) Plaintiff did not file an opposition to defendant’s motion despite…