Kernan

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA SAM DRAKE, ) Case No.: 1:17-cv-01500-AWI-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATIONS v. ) REGARDING DEFENDANTS’ MOTION FOR

SUMMARY JUDGMENT

SCOTT KERNAN, et al., ) ) (ECF No. 88) Defendants. ) ) )

Plaintiff Sam Drake is appearing pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. Currently before the Court is Defendants’ exhaustion-related motion for summary judgment, filed on June 17, 2020. (ECF No. 88.) I. RELEVANT BACKGROUND This action is proceeding on the following claims: (1) retaliatory food poisoning under the First Amendment against Defendants Navarro and Gonzalez; (2) retaliatory food poisoning under the Eighth Amendment against Defendant Navarro; (3) due process violation relating to a RVR hearing under the Fourteenth Amendment against…