Schoo

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JASON MCCLAIN, Case No. 1:19-cv-00900-AWI-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

RECOMMENDING DEFENDANTS’

v. MOTION TO DISMISS FOR FAILURE TO

EXHAUST ADMINISTRATIVE REMEDIES

SCHOO, et al., BE GRANTED

Defendants. (ECF No. 25)

FOURTEEN (14) DAY DEADLINE

17 I. Introduction Plaintiff Jason McClain (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action. This action proceeds on Plaintiff’s complaint against Defendants Schoo, Gonzalez, and Brooks for failure to protect in violation of the Eighth Amendment. On July 27, 2020, Defendants filed a motion to dismiss on the ground that it is clear from the face of the complaint that this lawsuit is barred by the Prison Litigation Reform Act (“PLRA”) for Plaintiff’s failure to exhaust his administrative remedies before filing suit. (ECF No. 25.) Plaintiff…