Wise

(PC) Witkin v. Wise

Good Law
United States District Court, Eastern District of CaliforniaSeptember 9, 20202:19-cv-00974California5,357 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MICHAEL WITKIN, No. 2: 19-cv-0974 KJM KJN P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. WISE, et al., Defendants. 16 Introduction 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’ June 2, 2020 motion for partial summary judgment on the grounds that plaintiff failed to exhaust administrative remedies as to his retaliation and related state law retaliation claims. (ECF No. 31.) On August 24, 2020, plaintiff filed an opposition to defendants’ motion for partial summary judgment. (ECF No. 52.) On August 31, 2020, defendants filed a reply. (ECF No. 53.) For the reasons stated herein, the undersigned recommends that defendants’ motion be granted. //// //// 28 Legal Standard for Summary Judgment Summary judgment is appropriate when it is demonstrated that the standard set forth in Federal…

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