Davey

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICARDO MARTINEZ, Case No. 1:16-cv-01658-JLT (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANTS’ MOTION FOR

13 v. SUMMARY JUDGMENT

D. DAVEY, et al., (Doc. 85)

15 Defendants. 14-DAY DEADLINE 16 The plaintiff claims that the defendants violated his Eighth Amendment claims because they were deliberately indifferent to the serious risk of harm he suffered due to his maltreated spinal cord tumors. (Doc. 56.) The defendants have filed a motion for summary judgment, in which they assert that the plaintiff failed to exhaust his administrative remedies before filing this action. (Doc. 85.) For the reasons set forth below, the Court RECOMMENDS that the motion for summary judgment be GRANTED. I. LEGAL STANDARDS A. Summary Judgment Summary judgment is appropriate when the moving party “shows that there is no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of law.” Fed.…