Baughman
(PC) Petillo v. Baughman
Opinion
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 SIDNEY PETILLO No. 2:19-CV-00667-TLN-DMC-P Plaintiff, v. FINDINGS AND RECOMMENDATIONS HAINEY, et al., Defendants. 16 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 U.S.C. § 1983. Pending before the Court is Defendants’ unopposed motion for summary judgment. ECF No. 77. Plaintiff alleges that Defendants engaged in excessive force, used discriminatory language towards him, illegally strip-searched him, and inappropriately touched him in violation of his the Fourth, Eighth, and Fourteenth Amendments. ECF No. 24. Defendants move for summary judgment, arguing that Plaintiff has not exhaust his administrative remedies before commencing this action. ECF No. 77 at 1. The undersigned agrees that Plaintiff has failed to exhaust his administrative remedies and thus recommends that Defendants’ motion for summary judgment be granted. / / / / / / / / / …