Perez

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICKY L. BROWN, Case No. 1:19-cv-01638-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT FOR FAILURE

TO EXHAUST

D. PEREZ, (Doc. 26) 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. 26.) For the reasons set forth below, the Court recommends that Defendant’s motion be granted. I. SUMMARY OF FACTS Ricky L. Brown initiated this action on November 18, 2019. Pl.’s Compl. (Doc. 1). At all times relevant to this action, Plaintiff was incarcerated at California State Prison, Corcoran. Id. 1. In his complaint, Plaintiff contends that Correctional Officer D. Perez used excessive force against him on January 23, 2017. Id. 3-4. Plaintiff alleges the officer placed him in plastic restraints that were excessively tight then left him in a cell for…