(PC) Millare v. Murphy

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

MORIANO MILLARE, Case No. 2: 20-cv-00451-WBS-JDP (PC) Plaintiff, FINDINGS AND RECOMMENDATIONS

THAT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT BE GRANTED G. MURPHY, et al., ECF No. 35 Defendants. OBJECTIONS DUE WITHIN 14 DAYS 16 17 Plaintiff, a state prisoner proceeding without counsel, claims defendant Vivero violated his First Amendment rights. Plaintiff alleges that after he filed a grievance, defendant retaliated against him by refusing to repair electrical fixtures in his cell and ordering him to stop filing grievances. Defendant moves for summary judgment, arguing that plaintiff did not exhaust his administrative remedies before commencing this action. I agree that plaintiff’s claim should be dismissed as unexhausted and recommend that defendant’s motion for summary judgment be granted. 25 26 27 1 The court previously dismissed plaintiff’s claims against four other defendants. See…