Smiley

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICARDO BORBON, No. 2: 19-cv-1464 KJM KJN P Plaintiff, v. ORDER AND FINDINGS AND

RECOMMENDATIONS

D. SMILEY, et al., Defendants. 16 Introduction Plaintiff is a state prisoner, proceeding without counsel, with a civil rights action pursuant to 42 U.S.C. § 1983. On November 2, 2020, the undersigned vacated defendants’ summary judgment motion without prejudice to its reinstatement following the February 25, 2021 settlement conference. (ECF No. 51.) Following the February 25, 2021 settlement conference, this action did not settle. Accordingly, defendants’ summary judgment motion is reinstated. Defendants move for summary judgment on the grounds that plaintiff failed to exhaust administrative remedies. (ECF No. 36.) For the reasons stated herein, the undersigned recommends that defendants’ motion be denied. //// //// 28 Legal Standard for Summary Judgment Summary judgment is appropriate when…