Baker

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 RICKY TYRONE FOSTER, No. 1:18-cv-01511-DAD-SAB (PC) Plaintiff, v. ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

C. BAKER, et al., MOTION FOR SUMMARY JUDGMENT Defendant. (Doc. Nos. 16, 37) 16 17 Plaintiff Ricky Tyrone Foster is a state prisoner proceeding pro se in this civil rights action pursuant to 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On February 12, 2020, defendants filed a motion for summary judgment on the grounds that plaintiff had failed to exhaust his available administrative remedies prior to filing suit, due to his failure to challenge the cancellation of his inmate appeal at the third level of review. (Doc. No. 16.) After requesting and receiving an extension of time to do so, plaintiff filed his opposition to that motion on March 4, 2020. (Doc. Nos. 27, 28.) On March 10, 2020,…