Stewart

(PC) Mosley v. Stewart

Good Law
United States District Court, Eastern District of CaliforniaAugust 13, 20211:17-cv-00852California2,175 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 QUINCY MOSLEY, Case No. 1:17-cv-00852-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT’S MOTION

v. FOR SUMMARY JUDGMENT FOR

FAILURE TO EXHAUST

S. STEWART, et al., ADMINISTRATIVE REMEDIES

Defendants. (Doc. 47)

14-DAY DEADLINE

17 Quincy Mosley asserts an Eighth Amendment excessive force claims against Defendants Stewart, Ventura, and Castillo in their individual capacities. (Doc. 11.) On April 14, 2021, Defendants filed a motion for summary judgment based on Plaintiff’s failure to exhaust administrative remedies. (Doc. 47.) Despite Defendant’s Rand warning, (see Doc. 47-1), Plaintiff failed to file a response in opposition to the motion. On May 18, 2021, the Court ordered Plaintiff to file a response or a notice of non-opposition within twenty-one days. (Doc. 48.) The Court cautioned: “Failure to comply with this Order will result in a…

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