Buenafe

(PC) Brothers, II v. Buenafe

Good Law
United States District Court, Eastern District of CaliforniaSeptember 30, 20201:17-cv-00607California1,294 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 AUBREY LEE BROTHERS, II, Case No. 1:17-cv-00607-NONE-JDP Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT COURT DENY DEFENDANT’S

v. MOTION FOR SUMMARY JUDGMENT

FOR FAILURE TO EXHAUST

CHITA BUENAFE, et al., ADMINISTRATIVE REMEDIES Respondent. OBJECTIONS DUE IN 14 DAYS ECF No. 39 17 Plaintiff Aubrey Lee Brothers is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. Brothers alleges that defendants—a dentist and dental assistant working at California State Prison, Corcoran—violated his Eighth Amendment rights by causing a skull fracture during a 2014 dental procedure and then refusing to treat the injury and attendant pain. See ECF No. 28 at 4. On November 5, 2019, defendants moved for summary judgment, arguing that plaintiff failed to his exhaust his administrative remedies. See ECF No. 39. Brothers filed in opposition on…

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