(PC) Eric O'Dell v. Cheryl Mims

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ERIC O’DELL, Case No. 1:20-cv-00378-NONE-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT FOR FAILURE

TO EXHAUST

CHERYL MIMS, (Doc. 25) Defendant. 21-DAY DEADLINE 16 Defendant moves for summary judgment on the grounds that Plaintiff failed to exhaust administrative remedies prior to filing suit. (Doc. 25.) For the reasons set forth below, the Court recommends that Defendant’s motion be granted. I. SUMMARY OF FACTS At all times relevant to this action, Eric O’Dell was incarcerated at California State Prison, Corcoran. See Pl.’s Compl. 3-7 (Doc. 1 at 19-23). In his first amended complaint, Plaintiff contends that Cheryl Mims, a psychologist, failed to provide him adequate mental health care between September 9, 2018, and September 22, 2018. See id. Plaintiff alleges that as a result, he attempted suicide on September 21 and 22, 2018. See Pl.’s Compl.…