Powell

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOSEPH MICHAEL MILLER, No. 2:20-CV-1005-WBS-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS D. POWELL, Defendant. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C. § 1983. Pending before the Court are Defendant’s motion for summary judgment, ECF No. 19, and Plaintiff’s oppositions, ECF Nos. 29, 33, and 35. Defendant contends Plaintiff failed to exhaust administrative remedies prior to bringing suit. 21 I. PLAINTIFF’S ALLEGATIONS This action proceeds on Plaintiff’s original complaint. See ECF No. 1. Plaintiff was an inmate at Pleasant Valley State Prison (PVSP) in Coalinga, California, at the time of the events alleged in the complaint. See id. at 1. Plaintiff names D. Powell, a correctional officer at PVSP, in his personal capacity as the Defendant. See id. at 1, 2. Plaintiff alleges Powell violated the Eighth Amendment through the use of…