Huckleberry

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 9 DENZELL METCALF, Case No. 1:19-cv-00809-DAD-BAM (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

REGARDING DEFENDANTS’ MOTION FOR

v.

SUMMARY JUDGMENT

HUCKLEBERRY, et al., (ECF No. 32) Defendants. 15 Plaintiff Denzell Metcalf (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. This action proceeds on Plaintiff’s first amended complaint against Defendants Huckleberry, Marquez, and Franco for failure to protect Plaintiff in violation of the Eighth Amendment. On December 23, 2020, Defendants filed a motion for summary judgment on the ground that Plaintiff failed to exhaust his administrative remedies for his failure to protect claim against Defendants as required by the Prisoner Litigation Reform Act. Fed. R. Civ. P. 56(c), Albino v. Baca, 747 F.3d 1162, 1166 (9th Cir. 2014) (en banc), cert. denied, 135 S. Ct. 403 (2014). (ECF No. 32.) Plaintiff filed a “declaration”…