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UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KHURAM RAJA, Case No. 1:19-cv-00817-HBK Plaintiff, ORDER DENYING DEFENDANT KIM’S

MOTION FOR SUMMARY JUDGMENT1

v. (Doc. No. 26) RYAN KIM, Medical Doctor,

Defendant. 16 Pending before the Court is Defendant Kim’s Motion for Summary Judgment filed October 15, 2020. (Doc. No. 26). Defendant Kim filed this exhaustion-based motion for summary judgment on the grounds that Plaintiff failed to exhaust his administrative remedies prior to bringing this suit as mandated by the Prison Litigation Reform Act. (See generally, Id.). In support, Defendant submits a statement of undisputed facts (Doc. No. 28); a sworn declaration from Defendant Kim (Doc. No. 29 at 4-5); and a sworn declaration from S. Gates, Chief of Health Care Correspondence and Appeals Branch Policy and Risk Management Services (Doc. No. 29 at 7-9). Plaintiff filed an opposition with exhibits in support. (Doc. No. 33). Defendant filed a reply. (Doc. No. 34). This matter…