(PC) Eric O'Dell v. Cheryl Mims

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 ERIC O’DELL, No. 1:20-cv-00378-NONE-JLT (PC)

Plaintiff,

ORDER ADOPTING FINDINGS AND

v. RECOMMENDATIONS AND GRANTING

MOTION FOR SUMMARY JUDGMENT

CHERYL MIMS, (Doc. Nos. 25, 35) Defendant. 16 Plaintiff Eric O’Dell is a state prisoner proceeding pro se in this civil rights action brought under 42 U.S.C. § 1983. This matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. On December 15, 2020, Defendant Cheryl Mims filed a motion for summary judgment arguing that plaintiff had failed to exhaust his administrative remedies prior to filing suit, as required by the Prison Litigation Reform Act (“PLRA”). (Doc. No. 25.) Plaintiff filed an opposition to defendant’s motion on December 30, 2020, (Doc. No. 27), to which defendant filed a reply on January 6, 2021, (Doc. No. 28). On August 6, 2021, the assigned magistrate judge issued findings and…