(PC)Townsend

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ARTHUR DEWAYNE TOWNSEND, JR., No. 2:20-cv-0342 JAM CKD P Plaintiff, v. ORDER AND MELVIN ENCINA, et al, FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a California prisoner proceeding pro se with an action for violation of civil rights under 42 U.S.C. § 1983. Plaintiff seeks damages. On December 7, 2020, the court screened plaintiff’s second amended complaint as the court is required to do under 28 U.S.C. § 1915A(a). The court found that plaintiff could proceed on claims arising under the Eighth Amendment against defendants Sanchez and Morales. ECF No. 25 & 29. Defendants Sanchez and Morales have filed a motion to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure arguing that plaintiff failed to exhaust available administrative remedies with respect to his remaining claims prior to bringing suit. The court notes that plaintiff has filed a sur-reply with respect to the motion. Sur-replies…