Gibbs

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 LAWRENCE CHRISTOPHER SMITH, Case No. 1:18-cv-00854-NONE-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DEFENDANTS’ MOTION

v. FOR SUMMARY JUDGMENT FOR

FAILURE TO EXHAUST

GIBBS, et al., ADMINISTRATIVE REMEDIES

Defendants. (ECF No. 24) FOURTEEN (14) DAY DEADLINE 17 FINDINGS AND RECOMMENDATIONS I. Background Plaintiff Lawrence Christopher Smith (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds against Defendants Gibbs and Handy1 for the alleged excessive force incident of February 6, 2014. On September 4, 2019, Defendants filed a motion for summary judgment on the ground that Plaintiff failed to exhaust his administrative remedies for his excessive force claim against Defendants as required by the Prisoner Litigation Reform Act. Fed.…