Warden

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PHILIP JAMES ROGERS, CASE NO. 1:18-cv-0846 NONE JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT’S MOTION

v. FOR SUMMARY JUDGMENT FOR

FAILURE TO EXHAUST

RODRIGUEZ, et al., ADMINISTRATIVE REMEDIES AND TO

DENY PLAINTIFF’S MOTION FOR

SUMMARY JUDGMENT Defendants.

(Docs. 36, 39)

FOURTEEN-DAY DEADLINE Defendant Bettencourt moves for summary judgment on the grounds that plaintiff failed to exhaust his administrative remedies prior to filing suit. Plaintiff opposes defendant’s motion and has filed a motion for summary judgment on the merits of his claim. For the reasons set forth below, the Court will recommend that the defendant’s motion be granted, and plaintiff’s motion be denied. I. Summary of Plaintiff’s Allegations This action proceeds on an Eighth Amendment deliberate indifference claim…