(PC) Dawson v. United States Government

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KENNETH DEAN DAWSON, No. 2:18-cv-0354 MCE CKD P Plaintiff, v. FINDINGS AND RECOMMENDATIONS UNITED STATES GOVERNMENT, et al., 15 Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. On May 8, 2019, the court screened plaintiff’s second amended complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed on claims for excessive force arising under the Eighth Amendment and retaliation arising under the First Amendment against Correctional Officer M. Daily as alleged in pages 3-5 of plaintiff’s second amended complaint. Defendant Daily (defendant) has filed a motion for summary judgment, arguing, among other things, that plaintiff failed to exhaust available administrative remedies prior to filing suit as he is required to do under 42 U.S.C. § 1997(e)(a). I. Summary Judgment Standard Summary…