Seihel

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JEROME MARKIEL DAVIS, No. 2:18-cv-1261-TLN-EFB P Plaintiff, v. FINDINGS AND RECOMMENDATIONS KIMBERLY A. SEIHEL, et al., Defendants. 16 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 U.S.C. § 1983. Defendant J. Harrison has filed a motion for summary judgment wherein he argues that plaintiff failed to exhaust his administrative remedies before filing this suit. ECF No. 43. Plaintiff has filed an opposition thereto (ECF No. 46), and defendant has filed a reply (ECF No. 47). After review of the pleadings and, for the reasons discussed below, the court concludes that defendants’ motion must be granted. Legal Standards A. Summary Judgment Summary judgment is appropriate when there is “no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). Summary judgment avoids…