Gosai

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY COONS, No. 2:20-cv-0929 KJM KJN P Plaintiff, v. ORDER A. GOSAI, et al., Defendants. 16 Plaintiff is a state prisoner, proceeding pro se. On July 20, 2020, plaintiff filed a document styled, “Motion for Summary Judgment.” (ECF No. 21.) Plaintiff claims that appeal No. MCSP-B-19-05035 has been exhausted, and then states that on November 7, 2019, defendants violated plaintiff’s Eighth Amendment rights, and he has ten witnesses willing to so testify. (ECF No. 21.) Plaintiff’s motion is defective for several reasons. First, to the extent plaintiff is attempting to demonstrate he has exhausted administrative remedies, plaintiff is advised that failure to exhaust is “an affirmative defense the defendant must plead and prove.” Jones v. Bock, 549 U.S. 199, 204, 216 (2007). In other words, plaintiff does not have to address the issue of administrative exhaustion unless defendants file a motion raising the…