Ugwueze

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA

DARONTA T. LEWIS, ) Case No.: 1:20-cv-00596-AWI-SAB (PC) ) Plaintiff, ) ) FINDINGS AND RECOMMENDATION v. ) RECOMMENDING PLAINTIFF’S EXHAUSTION-

RELATED MOTION FOR SUMMARY

DR. G. UGWUEZE, et al., ) JUDGMENT BE DENIED AS UNNECESSARY ) Defendants. ) (ECF No. 99) ) )

Plaintiff Daronta T. Lewis is proceeding pro se and in forma pauperis in this civil rights action pursuant to 42 U.S.C. § 1983. On September 10, 2021, Plaintiff filed a motion for summary judgment regarding exhaustion of the administrative remedies. (ECF No. 99.) I. DISCUSSION This action is proceeding against Defendant Dr. Kokor for retaliation in violation of the First Amendment and deliberate indifference in violation of the Eighth Amendment. Failure to exhaust administrative remedies is an affirmative defense that must be raised by 26 …