Yang

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 7 AARON KINER, Case No. 2:19-cv-02178-WBS-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT BE GRANTED D. YANG, OBJECTIONS DUE IN 14 DAYS Defendant. ECF No. 26 13 14 Aaron Kiner (“plaintiff”), a state prisoner without counsel, filed this section 1983 action alleging that D. Yang (“defendant”) violated his First Amendment rights by retaliating against him after he reported defendant to prison management for improperly confiscating bottled water. He also alleges that defendant violated his Eighth Amendment rights by urging other inmates to attack him. Defendant has moved for summary judgment, arguing that plaintiff failed to exhaust his administrative remedies before filing this suit. ECF No. 26. Because plaintiff skipped the prison’s third level of review and has no valid excuse for doing so, I recommend that defendant’s motion be granted. 23 …