Walburn

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JASON RIVERA, No. 2:19-cv-0622 WBS CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS WALBURN, et al., Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. Plaintiff is proceeding on claims alleging excessive force in violation of the Fourteenth Amendment against defendants Walburn, Pikney and Shelgreh (defendants), employees of the Solano County Sheriff’s Office. The claims arise from actions taken while plaintiff was being booked into the Solano County Jail. Defendants move to dismiss for failure to exhaust administrative remedies. Section 1997(e)(a) of Title 42 of the United States Code provides that “[n]o action shall be brought with respect to prison conditions under section 1983 of this title, . . . until such administrative remedies as are available are exhausted.” The exhaustion requirement demands “proper”…