Perez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICHARD GARCIA, Case No. 1:17-cv-00865-NONE-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY DEFENDANTS’ MOTION FOR

v. SUMMARY JUDGMENT

R. PEREZ, et al., (Doc. 57)

Defendants. ORDER ON PLAINTIFF’S MOTIONS

FOR MISCELLANEOUS RELIEF

16 (Docs. 60, 74, 77) 17 Defendants Crisanto and Mello move for summary judgment on the grounds that Plaintiff failed to exhaust administrative remedies prior to filing suit. (Doc. 57.) For the reasons set forth below, the Court recommends that Defendants’ motion be denied. I. PROCEDURAL BACKGROUND Defendants filed their motion for summary judgment on February 6, 2020. (Doc. 57.) On February 18, 2020, Plaintiff filed a document titled, “Exhaustion Motion.” (Doc. 58.) Upon review, the Court found that the document was intended to serve as an opposition to Defendants’ motion for summary judgment and construed it as such. (Doc. 59 at 1.) On…