(PC) Beaton v. Valley State Prison

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 PAUL NIVARD BEATON, Case No. 1:20-cv-00005-DAD-JLT (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT FOR FAILURE

TO EXHAUST ADMINISTRATIVE

J. VALENZUELA-QUEZADA, REMEDIES

Defendant. (Doc. 53)

14-DAY DEADLINE

17 Plaintiff Paul Nivard Beaton, a state prisoner proceeding pro se and in forma pauperis, filed this civil rights action under 42 U.S.C. § 1983. (Doc. 1.) Plaintiff alleges retaliation by Defendant RN Valenzuela-Quezada in violation of his First Amendment right to file grievances. Defendants filed a motion for summary judgment based on Plaintiff’s failure to exhaust his administrative remedies prior to filing this action. (Doc. 53.) Plaintiff filed a response, and Defendants filed a reply. (Docs. 54, 55.) The facts regarding exhaustion are not in dispute, and Defendants have met their burden to demonstrate…