Sadler

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 8 ROGELIO MAY RUIZ, Case No. 2:19-cv-00147-TLN-JDP (PC) Plaintiff, ORDER DENYING APPOINTMENT OF

COUNSEL

v. ECF No. 31 C. SADLER,

FINDINGS AND RECOMMENDATIONS

Defendant. THAT DEFENDANT’S MOTION TO

DISMISS FOR FAILURE TO EXHAUST

ADMINISTRATIVE REMEDIES BE

GRANTED

OBJECTIONS DUE IN 14 DAYS

16 ECF No. 29 17 18 Plaintiff Rogelio May Ruiz is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He claims that another inmate tried to attack him on August 22, 2018. ECF No. 14 at 3. After the attacker was restrained, defendant Sadler allegedly used excessive force against plaintiff, forcing him to the floor and causing injuries to his hand and head. Id. Defendant Sadler has filed a motion to dismiss, arguing that plaintiff’s failure to exhaust administrative remedies is apparent from the face of the complaint. ECF No. 29. Plaintiff has filed an…