Smiley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICARDO BORBON, No. 2: 19-cv-1464 KJM KJN P Plaintiff, v. ORDER D. SMILEY, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. Pending before the court is defendants’ motion for summary judgment on the grounds that plaintiff failed to exhaust administrative remedies. (ECF No. 36.) For reasons stated herein, the parties are ordered to file further briefing. Defendants move for summary judgment on the grounds that plaintiff did not pursue grievances MCSP HC-16048527 and SATF HC-1700483 through the final level of review. On June 26, 2020, plaintiff filed an opposition to defendants’ summary judgment motion. (ECF No. 45.) In part, plaintiff alleges that he did not appeal grievance MCSP HC-16048527 beyond the first level of review because he was satisfied with the relief granted, i.e., the referral to an ophthalmologist. …