Hartwick

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 LONNIE DONELL PERKINS, Case No. 2:18-cv-03156-JAM-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT PLAINTIFF’S MOTION FOR

v. SUMMARY JUDGMENT BE DENIED AND

DEFENDANT’S CROSS-MOTION FOR

F. HARTWICK, SUMMARY JUDGMENT BE GRANTED Defendant. ECF Nos. 31, 40 OBJECTIONS DUE WITHIN FOURTEEN

DAYS

18 Plaintiff is a state prisoner proceeding without counsel in this civil rights action brought under 42 U.S.C. § 1983. He claims that defendant Hartwick violated his Eighth Amendment rights by pepper-spraying him without justification, not timely decontaminating him, and handcuffing his hands behind his back in violation of his waist-chain chrono. ECF No. 1 at 4-7, 11-15. Both parties have moved for summary judgment. ECF Nos. 31, 40. I recommend granting defendant’s motion because plaintiff failed to exhaust his administrative remedies before filing this suit.…