Martinez

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

8 L.C. CUNNINGHAM, Case No. 1:19-cv-01508-AWI-EPG (PC) 9 Plaintiff, FINDINGS AND RECOMMENDATIONS,

RECOMMENDING THAT DEFENDANTS’

v. MOTION FOR SUMMARY JUDGMENT BE

GRANTED AND THAT DEFENDANTS’

M. MARTINEZ, et al., MOTION TO STRIKE BE DENIED

Defendants. (ECF No. 86 & 96)

OBJECTIONS, IF ANY, DUE WITHIN

TWENTY-ONE DAYS

16 I. INTRODUCTION L.C. Cunningham (“Plaintiff”) is a state prisoner proceeding pro se and in forma pauperis in this civil rights action filed pursuant to 42 U.S.C. § 1983. This case proceeds “on Plaintiff’s claim against Defendant Harm[o]n1 for failure to protect in violation of the Eighth Amendment and on Plaintiff’s claim against Defendant Martinez for violation of the Free Exercise Clause of the First Amendment.” (ECF No. 25, p. 2).2 On July 26, 2021, Defendants filed a motion for summary judgment on the ground that Plaintiff failed to properly exhaust his available administrative remedies as to both claims. (ECF No.…