Davey

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 RICARDO MARTINEZ, No. 1:16-cv-1658-DAD-JLT (PC)

Plaintiff, ORDER ADOPTING FINDINGS AND

RECOMMENDATIONS AND GRANTING

v. DEFENDANTS’ MOTION FOR SUMMARY

JUDGMENT

D. DAVEY, et al.,

(Doc. Nos. 85, 97) 15 Defendants.

16 Plaintiff Ricardo Martinez, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action brought pursuant to 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 August 25, 2021, the assigned magistrate judge issued findings and recommendations, recommending that defendants’ motion for summary judgment be granted. (Doc. No. 97.) The magistrate judge found that plaintiff had failed to exhaust his administrative remedies prior to filing suit as required by the Prison Litigation Reform Act (“PLRA”). (Id. at 2.) Specifically, the magistrate judge determined that although plaintiff pursued the inmate grievance…