(PC)Gaines
(PC)Gaines v. Beaver
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARY LEE GAINES, Case No. 1:16-cv-01689-NONE-JLT (PC)
Plaintiff, FINDINGS AND RECOMMENDATIONS
TO GRANT DEFENDANT’S MOTION FOR
v. SUMMARY JUDGMENT FOR FAILURE
TO EXHAUST
OFFICER BEAVER, (Doc. 55) Defendant. 21-DAY DEADLINE 16 Defendant moves for summary judgment on the grounds that Plaintiff failed to exhaust administrative remedies prior to filing suit. (Doc. 55.) Plaintiff has failed to file an opposition or a statement of non-opposition to Defendant’s motion, and the time to do so has passed. (See Doc. 68.) For the reasons set forth below, the Court recommends that Defendant’s motion be granted and this action dismissed. I. SUMMARY OF FACTS Mary Lee Gaines has chronic obstructive pulmonary disease and chronic asthma, and she often requires an oxygen tank to assist her with breathing. Pl.’s Compl. 3 (Doc. 24). At all times relevant to this action, Plaintiff was incarcerated at Central California Women’s…