Bauder

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EDWARD DA’JUAN GILMORE, Case No. 1:19-cv-01229-NONE-SKO (PC)

Plaintiff, FINDINGS AND RECOMMENDATIONS

TO GRANT DEFENDANT’S MOTION FOR

v. SUMMARY JUDGMENT FOR FAILURE

TO EXHAUST

BAUDER, (Doc. 34) Defendant. 21-DAY DEADLINE 16 Defendant Bauder moves for summary judgment on the grounds that Plaintiff Gilmore failed to exhaust administrative remedies prior to filing suit. (Doc. 34.) For the reasons set forth below, the Court recommends that Defendant’s motion be granted. I. BACKGROUND Defendant filed the present motion on August 3, 2021. (Doc. 34.) Concurrently with his motion, Defendant served on Plaintiff notice of the requirements for opposing a motion for summary judgment, including a warning that a failure to respond to Defendant’s motion may be deemed a waiver of any opposition. (Docs. 34-1, 34-9.) Nevertheless, to date, Plaintiff has failed to respond to Defendant’s motion for summary judgment. The Court,…