Morelock

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ELIJAH LOPEZ, Case No. 1:18-cv-00650-NONE-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT FOR FAILURE

TO EXHAUST

MORELOCK, (Doc. 33) Defendant. 21-DAY DEADLINE 16 Defendant moves for summary judgment on the grounds that Plaintiff failed to exhaust administrative remedies prior to filing suit. (Doc. 33.) For the reasons set forth below, the Court recommends that Defendant’s motion be granted and this action dismissed without prejudice. I. LEGAL STANDARDS A. Summary Judgment Summary judgment is appropriate when the moving party “shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed. R. Civ. P. 56(a). The moving party “initially bears the burden of proving the absence of a genuine issue of material fact.” In re Oracle Corp. Sec. Litig., 627 F.3d 376, 387 (9th Cir. 2010) (citing…