Bravdrick

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ANGELO CORREA, Case No. 1:19-cv-00369-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO DENY DEFENDANTS’ MOTION FOR

v. SUMMARY JUDGMENT AND EXCUSE

PLAINTIFF’S FAILURE TO EXHAUST

BRAUDRICK, et al., (Doc. 37) Defendants. 21-DAY DEADLINE 16 Defendants move for summary judgment on the grounds that Plaintiff failed to exhaust administrative remedies prior to filing suit. (Doc. 37.) For the reasons set forth below, the Court recommends that Defendants’ motion be denied and that Plaintiff’s failure to exhaust be excused. I. PROCEDURAL BACKGROUND Defendants filed their exhaustion-based motion for summary judgment on July 27, 2020. (Doc. 37.) After receiving two extensions of time (Docs. 39, 41), Plaintiff filed an opposition on October 5, 2020 (Doc. 42), to which Defendants filed a reply on October 14, 2020 (Doc. 43). On December 28, 2020, the Court found that there was a dispute of a material fact 25 …