Overstreet

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 DAVID JOHNSON, Case No. 2:19-cv-02519-JAM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANTS’ MOTION FOR

v. SUMMARY JUDGMENT BE GRANTED J. OVERSTREET, et al., ECF No. 20 Defendants. OBJECTIONS DUE IN 14 DAYS

18 Plaintiff, a state prisoner proceeding without counsel, has sued seven correctional officers, claiming that they violated his Eighth Amendment rights by attacking him. He alleges that on February 26, 2018, while he was incarcerated at Folsom State Prison, defendants pulled him from his bunk, dragged him from his cell, and strip-searched him. They then allegedly lifted him by his arms, slammed him to the ground, and punched and kicked him. Defendants have filed a motion for summary judgment, arguing that plaintiff did not exhaust his administrative remedies before filing this action. I agree that plaintiff’s claims should be dismissed as unexhausted and recommend…